[Plagiarism] How To Protect Your Copyright With A Video Camera

Last year we told the story of how Noam Galai’s self portrait image had been stolen and reprinted hundreds of times around the world without his permission. What people were shocked to find out was Noam did not threaten or take legal action of any kind (instead he used the momentum to propel his career). Duane Lester of All American Blogger decided to go a different route and film his confrontation with the paper who plagiarized his work.

You can read Duane’s full article on his site here. I’m all for upholding copyright and believe those who copy and paste (or print and sell) other people’s work should be held accountable. I’m not sure if showing up to the front door of a copyright violator and filming the incident is necessarily the best thing to do but that is exactly what happened in this case. Duane marched into The Oregon Times Observer and demanded that the publication of his original written piece be paid for on the spot. After some hesitation, the newspaper wrote Mr. Lester a check for $500 which might have been a small price to pay compared to the full legal battle that could have ensued.

After watching this video, it made me think, if I was faced with having to deal with a copyright infringement suit, could I ever stoop to this level? It might be easy to say “no” but without having been in Duane Lester’s shoes, maybe I’d be surprised by my own actions to mend such a wrong doing. What do you guys think after watching this? Are Lester’s actions commendable or did he exploit this old man in a similar way his own article was exploited?

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http://www.facebook.com/storm.the.adventurer Krisztián Storm Kocsis
Yes, he is an old man, and old people deserve respect, but it doesn’t mean they can ignore laws.
What I see, is that Duane is calm the whole time, he actually speaks with them in a normal tone, doesn’t shout or anything, while the old man raises his voice, and treats Duane in a phlegmatic way, like he was thinking “Who the hell YOU think you are kid, to tell me what to do?!”
From the very beginning the old man has the wrong attitude. Also, notice that he had to THINK for quite some time, before he could actually come up with “it is all over the Internet” – it might be that he is just old and his memory is not as good anymore, but as well it could be that he was trying to make up an excuse on the spot.
They are a small local paper, and what that means? It means, that if they take something from the net, the CHANCES that the original author ever learns about it, are small. And the chances that an author would take the effort to contact them, is even smaller. So it looks like to me, they simply thought, that they can get away with just taking anything they want, because they are a small local paper. And if this is the case, this is absolutely WRONG.
Notice how aggressive the woman becomes about the camera when she realizes that the recording is going to be a proof of what happened. She realizes right there, that they are caught.
What I see in the end, is that the old man is pretty clearly understanding he was doing wrong all the time, was just trying to get away.
When Duane mentioned copying over the typos, he realizes that it is way to clear proof, and instantly changes in attitude, stops trying to get away but writes the paycheck.
To sum up: I partially understand that small local papers don’t have the time and energy to look up and trace back things, and that they might think it isn’t such a big deal to print 100 copies of something from the net.
So what would have I done in Duane’s boots? Well, entirely depends on how the editor would have reacted.
If he was apologetic, telling that he is very sorry, but he found it on the net without attribution and was unable to trace it back (though it is just as hard as copy-pasting some lines into Google Search!!!!!), and seems to be HONEST about it, convincing me that he didn’t want to do harm, just didn’t know better I would have said: “Well, alright… Please in the next issue, post a well visible correction notice about that you failed to correctly attribute me, and give a link to my blog. And then we can forget about it, just next time lease ask me first.”
But he was not apologetic. He did know he was wrong. He tried to make up excuses… and in this case, I would have made him pay as well. Because it is not the act of copying the article, but the motives and attitude is that deserves to be punished.
Well done, Duane.
P.s.: I am a supporter of the freedom of information. I absolutely approve “fair use”, and actually think copyright laws need to be lightened in many cases, to help the free flow of information. But I would never tolerate willful abuse.
http://www.facebook.com/profile.php?id=59503071 Matt Skalski
Stupid old rednecks, haha! I would have wanted more than $500.
http://www.facebook.com/profile.php?id=100000860483246 Jonathon Chambers
Well the camera man was on the street (public property) and was recording what can be seen from the public view so legally the camera is legit. What I worry about it that he obviously had a mic on-person so that the conversation could be recorded. Some states have a law that states in private property, both parties of the conversation must consent to being recorded so if he is one of those states, he could be sued for illegal wiretapping.
MarkFore
He was in his right, he did the right thing.
If this was a stolen photo, and if you belong to any photo organizations like the ASMP, or the APA you would have done the same exact thing. This is how people make a living, it’s nothing personal its just business.
http://twitter.com/thenoahchannel Noah
someone hasn’t seen the news in 10 years -.-
http://www.facebook.com/gvanniekerk Gillian van Niekerk
ah Mark you make sense until you uttered the most detested phrase ever “nothing personal, just business” If a person does it – it’s personal! It’s more often men who utter this ridiculous phrase – it’s just an excuse to act inappropriately.
Of COURSE it’s personal, that’s his work, his time, his art……… it also happens to be business but it is very personal, which is what drove him to confront these people.
http://twitter.com/JPGodwin John Godwin
Surely then, assuming that my breath smells of a penis, the word that came to mind would be ‘blowjob’?
One doesn’t tend to wank with a mouth.
But hey, borderline homophobic sexual vulgarity: Classy!
fuckingiphone
Just because it hasn’t been practiced correctly in the past 10 years doesn’t make a difference. It should still happen.
http://twitter.com/JPGodwin John Godwin
No, you see, it really can. Like the person below said, it’s called ‘reporting’. It’s something you’d be able to do if you weren’t a petulant, immature, talentless little egomaniac.
It’s a popular technique of attempting to present information with as little bias as possible so the reader is able to make his own judgement without risk of it being coloured by subjective opinion.
Lee carries you, and he’s the only decent writer on this site. Just present the videos, and stop dragging posts down with your insipid, stupid, misinformed blathering.
http://twitter.com/JPGodwin John Godwin
Calm down, Kev, Patricks big enough to speak for himself.
I have my own website, and it contains a blog, it’s filled with conjecture, bias, opinion, and I dare say, stupidity. But that’s not really the solution. I don’t like my country’s government, but I’m not going to start my own, am I? If I go to a restaurant and have a meal that doesn’t go down too well, I don’t, in retaliation, construct a business plan, approach the bank for a large loan, learn the complete art of French cooking from scratch, build a restaurant, staff it, win a Michelin award, and then fax that award to the original restaurant just to show them who’s boss, do I?
Do you know why I don’t do that, Kev? Because it would be stupid. The only thing more stupid than that is the original inference that if one doesn’t like something, that rather than complain or be vocal about it, they should keep their mouth shut and then go off and copy it and do it better.
KEV: PLEASE TRY HARDER TO MAKE SENSE
http://www.JettFoto.com Corey Melton
No, I assure you the word is “wanker”
Gus Munoz
Good onya mate ! Should of taken him and all the others who printed it to court and taught them all an expensive lesson. He knew what he was doing.
http://www.facebook.com/people/Brooke-Mathews/1353031221 Brooke Mathews
Why is everyone being so unreasonably rude to Patrick? The man in the video was justified to be upset, but also could have been kinder. They did violate him, but he was a little forward. But I am happy that he got what he wanted and deserved for his work. Not sure what I would do in this situation. Thanks for posting this interesting video Patrick!
http://twitter.com/IamSight J Sight Pettiford
I don’t understand how beating around the bush and indirect communication that could lead to the infringer spending a lot more money is a better solution than direct resolution? This approach saved time, money, and who knows how many other resources. I think you’re letting the newspaper staff’s age affect the facts of the matter. But then again, you being based in Charleston means you probably respect your elders more than we manner-less Northerners, lol. I have to disagree with you that most people will come to reasonable terms on their own. I consider myself an optimist, but from my experience in business, if people can get the milk without buying the cow, they will.
jrhayes5
Patrick has the right to express his opinion, so if you disagree, do so respectfully.
I wouldn’t say that this is how I would deal with a copyright infringement situation. That being said, I don’t feel that the business owner would have simply cut the writer a cheque for $500 had he received a letter asking for payment. I do, however, think the writer should have been less accusatory initially in case the business owner was in fact a reasonable person.
http://www.betweenraindrops.com Jamie Weir
Reporting tends to be done for news. This is not a news website. If you just want straight news and nothing more, you are in the wrong place. If you don’t like the articles the man writes, you are in the wrong place.
Yet still, you stay here. Telling these people how they need to run their site that they made.
Go make your own site that reports nothing but the facts of stories in the world of your hobby, if this is a huge issue for you that no other site is taking care of.
PeterLeib
Not sure what the fuss is here. Duane Lester wrote a piece and published it in his blog. A newspaper plagiarized it (I’m assuming that they typically pay their writers). Mr. Lester was not out of line in requesting payment…he was calm and polite and professional. The fact that payment was made was admission by the paper that they were in the wrong and they wanted to avoid any further action on Mr. Lester’s part… Done!
http://www.facebook.com/profile.php?id=761167941 Andrea Smith Townsley
It actually doesn’t really matter if they changed some parts of it. If the paper is passing it off as their own writing, in whole *or in part*, it’s plagiarism. That guy is an a-hole and he got busted, there is no question about it. I used to do freelance writing and the companies I worked for were VERY strict with the sources we used and even paraphrasing was frowned upon if the writers didn’t change the wording enough. The equivalent of this in the photography world is when someone takes one of your images and maybe crops it or puts some kind of border or crappy vignette on it and claims it as their own. Is it any less wrong than stealing your image and claiming it as theirs without altering it? Nope. It’s still a copyright violation.
http://twitter.com/crun2012 Chase Armitage
I seriously dont understand the mentality of some of the readers of this site. Why is it that you all feel its cool to be flat out rude to and bash the creators of the site? He merely stated his opinion and asked how you all felt about it. No part of that required him to be called a Twat. If anything all you negative two faced readers are the twats. You’re all nice and cheerful when its time for a give away but god forbid if someone has a fucking opinion. You’re all a bunch of mercenary kids with bad fucking manners.
No, i dont agree with Patrick’s opinion on the subject whatsoever either, but unless he’s on the site preaching bigotries and insulting our mothers, then there’s no reason to personally attack the guy.
http://twitter.com/crun2012 Chase Armitage
Actually no you are wrong and a complete asshole John. That is the reason video release forms were invented. Because people can sue videographers for publishing their image without consent.
Ever see people’s faces blurred out in the background of a documentary or interview? Well thats because they either didnt want to be published or the producers were unable to get them to sign a release.
Please leave the site now you immature internet troll.
http://twitter.com/crun2012 Chase Armitage
I agree Corey
http://twitter.com/crun2012 Chase Armitage
P.S. John, the navigation on your site sucks balls and everything smells like LightRoom throw up :)
http://twitter.com/crun2012 Chase Armitage
Its funny you say that actually. I just checked out John’s “blog” and every sarcastic, angry lame topic on there has no replies, favourites or comments! Shocking really….
http://www.JettFoto.com Corey Melton
no, you’re right john, if you dont like the site you can take it off your bookmarks and stop visiting it everyday (it’s incredibly easy to track your visits on our end). Actually, if you hate it so much, just dont ever visit at all. Super easy.
http://twitter.com/JPGodwin John Godwin
Thanks for looking. I actually only just put the blog back up last month after taking it down for a year, but before that, it was very active and had a lot of replies. I had about a million hits to it in the final year, it was pretty popular.
I’m not a blogger though, I’m a photographer, and I’m lucky enough to earn a living from my work, which means I don’t really have real time to dedicate to something I use merely for SEO.
I’ll approve your comment calling me a cunt once I log in. Thanks for visiting, Chase.
http://twitter.com/JPGodwin John Godwin
Actually, my issue with Patrick stems from this reply he made to an honest review of the Peter Hurley DVD: http://fstoppers.com/fstoppers-original-peter-hurleys-the-art-behind-the-headshot-is-live
His sarcastic, unprofessional and belligerent response to what was a very fair and balanced review ensured I would never put stock in a single FStoppers product ever again, or take them seriously as a business. I don’t like people being petulant with me when I’ve just parted with $300.
So you see, I have every right to speak this way, because I’m a paying customer of Patrick’s products.
http://twitter.com/JPGodwin John Godwin
No, I love the site. I think it’s one of the best resources on the internet for photographers. I just don’t like you or Patrick. The rest of the writers on this site, especially Lee, are fantastic and provide amazing content. I am a purchaser of the DVD, and a huge fan of Peter’s as well.
Again, I just don’t like Patrick or you. I find both of you to be sarcastic, petulant, immature egomaniacs who haven’t got the first clue about the basic concepts of writing for a site like this.
Please don’t make it about FStoppers, it’s about you.
Yes, I visit this site several times a day for new content. That’s why I have the right to give my opinions and speak the way I do. Not only am I a loyal patron, but I’m also a paying one.
I just think the site would be a lot better if you weren’t part of it and Patrick kept his opinions out of it. He’d be fine if he didn’t give his opinion in his articles, because it makes them unpleasant to read. Much like this one, where it’s so far right, that not even a single person has posted in agreement with him on it. It ruins the articles.
You, though, are by first the worst excuse for a writer and journalist I’ve ever had the misfortunate to encounter in my life.
http://twitter.com/JPGodwin John Godwin
Do you really think making fun of my site is going to get to me? Grow up; you look petty.
http://twitter.com/JPGodwin John Godwin
Hush now
Chris_Hoffmann
No, just by buying the product does not give you the right to be rude to anyone.
http://twitter.com/JPGodwin John Godwin
No, not anyone, that would be pushing it.
http://profiles.google.com/simon.lynchsae Simon Lynch
I’d reply by saying the law makes no difference if you still to resell or fr your self… at least in Canada. You get additionnal charges filled but the stealing on its own is the same….
Tulaga Whitcombe
Typical pommy… rude and egoistic… should ban his ass from the site
http://twitter.com/JPGodwin John Godwin
Generalisations based on one’s nationality? This isn’t 1952, Tulaga. If that’s the best you’ve got, then don’t embarrass yourself by making the effort. Best stay quiet, lest you conclusively prove you don’t have the brainpower to effectively express yourself.
*sips tea and sings national anthem while eating horrible British cuisine through gaps in blackened limey Teeth*
http://twitter.com/crun2012 Chase Armitage
LADIES AND GENTLEMEN! IT SEEMS WE HAVE SHUT THE TROLL UP! Your lack of smarmy, arrogant and whiny retort signals that the message has finally sunk in, that you Sir Godwin have finally come to the realization that you are a professional ass-hat, and the only thing you have contributed to this site is a bad smell.
Go away little boy
http://twitter.com/JPGodwin John Godwin
Good lord, you are one of the stupidest people I’ve ever encountered.
I’m afraid the “hush now” comment came third in the line of replies to you, at which point I’d got a bit creeped out by your meltdown. One that appears to be continuing.
Please don’t misconstrue my boredom as a submission to your wily intellect and keen argumentative style. That would be a far stretch for even my staunchest opponent, given that you’re quite clearly an idiot.
http://twitter.com/crun2012 Chase Armitage
I see no meltdown at all, it was apparent that i prematurely celebrated your departure from shitting on the message boards, guess i was wrong and you’re merely a bigger idiot than i first assumed.
You clearly enjoy the sound of your own voice and lucky for us we cant hear or smell the bullshit over the Internet that you continue to plague us with.
It has been voiced by more than one person that YOU are the idiot and that even the writers dont care if you fuck off and die in the coldest lonely corner of your computer.
Your life entails reveling in your self indulgent bullshit babble. You’re a professional asshole here and on your own site, and it speaks volumes that you’re just as terrible of a person in all facets of life.
I’m sure you could go on for days with your sarcastic and pompous retorts that just tickle your balls in delight, but at the end of the day, you’re just another e-thug typing angry words on the Internet. It further speaks volumes of yourself that you clearly don’t give a fuck that you tarnish your own name and website and “business” by continuing to display your immature and most of all arrogant persona for all the world to see.
Please, call me an idiot again, you’re clearly out of ideas and “witty” bullshit. You’re a scum bag and a piece of shit and i hope you wind it back in before all of your clients truly realize how much of a douche you are.
Take care shnookums, only mummy loves you
http://twitter.com/crun2012 Chase Armitage
Sarcastic, petulant, immature ego-maniac? Cockwin… you just described yourself!
http://twitter.com/JPGodwin John Godwin
NO U
http://twitter.com/JPGodwin John Godwin
Definitely a meltdown.
http://www.JettFoto.com Corey Melton
John, please dont take what I say sarcastically. I truly mean it when I call you a wanker.
http://twitter.com/JPGodwin John Godwin
Corey, the irony is that the only wanker here is the staff member lowering himself to the task of insulting the very people who’ve actually spent money through this website.
Name another news website on the entire internet where you can find staff members directly insulting the (paying) readership.
For the third time in this thread, you’ve broken the number one rule of business. Any moral high ground you could’ve taken before that post has been lost.
You’re on a lower rung than anyone in here. Disgusting.
http://www.JettFoto.com Corey Melton
I know that you think you are justified in anything and everything that you say, but you’re not. The customer is not always right. You’re not an innocent “guy asking for a better website experience”. No matter how you want to play yourself out, you will always be the guy that called the co-founder of this site a “twat” because he has a different opinion than you do.
Me responding to you is entirely about the absolute HATRED that I have for web-trolls such as yourself. Don’t speak to me about rules of business, because you obviously have no personal restraint or self control. When this becomes a news hub or a journalism site then you can start comparing us to a news or journalism site. I’m through speaking to you, you are a small fraction as intelligent as you attempt to come across. Your argument is totally invalid. It’s been great chatting with you.
http://twitter.com/crun2012 Chase Armitage
Definitely a petulant idiot ^^. Thanks for coming out
http://twitter.com/JPGodwin John Godwin
The best part about this is that not a single other post in here has as many likes as my original one.
In summary: Stop insulting the paying members of this website. Stop writing shitty articles. Stop posting crap you’ve found on Flickr. Actually research what you post, lest we have another stupid animal thread where people point out half the shots are fake, and you do your usual routine of arguing in the comments with people who point it out, only to then delete the shots anyway.
This is from someone who actually enjoys this website enough to risk damaging his reputation by posting all of this under his real name in the hope that it might see change. Bare that fact in mind.
http://www.facebook.com/hannah.knapp.5 Hannah Knapp
Wow..i dont lame him for being pissed and doing this. thats fucked up. id Be so pissed!

[Plagiarism] How To Protect Your Copyright With A Video Camera

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