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              copyright infringement writing check
              May 17, 2012
              Patrick Hall

              [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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              Newer Comments →
              • Mike_Kelley

                Did he walk 15 miles in the snow, uphill, to school both ways as well? Gotta love the ‘back in my day…’ reference.

              • http://www.facebook.com/hiroschneider Jaron Schneider

                I like how defensive he got, and eventually how he didn’t even bother to call his lawyer because he knew how wrong he was. 

              • http://www.facebook.com/profile.php?id=1353257020 Jordan Murphy

                Oh wow!!! Nice job!  Yeah that’s pretty crappy… he was even saying that the article had even copied the spelling errors from the original article… that even goes to prove more than there is no way it could have been a coincidental identical work!

              • http://twitter.com/JPGodwin John Godwin

                This comment has been flagged for review.

              • http://www.facebook.com/barrosandrew Andrew Barros

                my favorite part was when the guy got in his face as if he was about to sock him one, until the old lady asked about the video camera. then he rescinded his attitude a little. i guess he was on the whole “it’s only illegal if you get caught” attitude about it.

              • http://profile.yahoo.com/CEQ5YSM3RYDJK7UYIYDUBBXVYU philip

                “could I ever stoop to this level?”. Seriously Patrick? He had three choices:
                1. Letting it go and allow the idea to perpetuate that content online may be reproduced at will with no attribution. You’re a content creator, both as a photographer and writer on this website. Whatever your stance on copyright may be, you surely expect to be paid for the effort you put into creating content.
                2. Taking the legal route and have a threatening letter composed by his lawyer sent to the infringer. Their lawyer would then spend time deliberating a response. Both parties may incur legal costs. He would likely receive payment but perhaps only after legal to-ing and fro-ing.
                3. Confront the infringer, express his rights and get paid. The infringer knew he was in the wrong; if he didn’t he wouldn’t have written the cheque. No lawyer fees were incurred by either party, the content creator received payment for his work, and the newspaper paid for work that another person produced.

              • http://twitter.com/crun2012 Chase Armitage

                Was that really necessary? Go put some ice on your vagina

              • http://twitter.com/inzooyorkcity Anthony N.

                hahahaha

              • http://www.facebook.com/people/Rob-Nourse/812218065 Rob Nourse

                “Stooped to this level”? Really? Do you think for even a second that writing a stern reprimand would have made the same point? Patrick you need to get off your high and mighty throne and come work down here in the ditches for awhile. Maybe then you’d realize that being soft and fluffy when someone steals from you just isn’t getting the point across. Showing up with an invoice and a video camera guarantees this prick won’t make the same mistake twice.

                Ask and I’m happy to oblige.. steal and you deserve what you get!

              • http://www.facebook.com/people/Rob-Nourse/812218065 Rob Nourse

                Sorry Chase, but that one had to be said.

              • http://www.JettFoto.com Corey Melton

                HAHAHA! Thats awesome. Now, whats to keep Bob from suing Duane for posting his face all over the internet without written consent?  

              • http://profiles.google.com/mi1stormilst Garrett Graham

                I think it is a little sad all the way around. I liked the old mans spit and tenacity, but he really should have not snagged someones work. In fact I don’t think he would have cut the check if he had not done it himself.

              • http://www.patrickhallphotography.com Patrick Hall

                well in his defense, stories get pushed around the web so much that he could have easily copied a copy of a copy, doesn’t change the fact of what he did but I can see how it could happen.  

              • http://www.patrickhallphotography.com Patrick Hall

                or he could have had a simple letter mailed to the paper first, no cameras, no confrontation, site the facts…is that THAT hard?  Legal route after 15 of delivering the letter

              • http://www.patrickhallphotography.com Patrick Hall

                Yes it’s sad all around.  I see both sides but I think both handled it poorly to begin with, the old man only wised up when he saw he was on camera but Duane could have not been so confrontational in how he brought this to the paper’s attention.  No one likes to be backed into a corner and most people, given the change, will come to reasonable terms on their own…if not that’s what the courts are for, and then take him for way more than is warranted :)

              • http://www.patrickhallphotography.com Patrick Hall

                If you like reading or watching anything without the opinions of its writers, well good luck….it can’t be done :)

              • Tulaga Whitcombe

                Wow Rob don’t be a douche about it… you the man Patrick

              • Tulaga Whitcombe

                go put some ice on your vagina too Rob… and then you and john can go ___________ (open to the public to fill in the blanks)

              • http://www.facebook.com/Dragos.Photography Dragos Putureanu

                one of my old comments wasn’t posted for saying much less than the things that were said above.
                 Obviously different admin tonight.  >:(

              • http://twitter.com/jdpetersdotcom Jason Peters

                I’ve never had a local company nip my work but I think they would get a letter and a bill before they saw my ugly mug walk threw their doors with a Baseball bat camera

              • http://twitter.com/JPGodwin John Godwin

                Boring.

              • http://twitter.com/JPGodwin John Godwin

                Hey, it’s another fstoppers writer posting something stupid!

                I’d imagine the thing that stops him is it not being illegal. That’s just a wild, frivolous guess, though. I could be wrong (I’m not).

              • http://profile.yahoo.com/CEQ5YSM3RYDJK7UYIYDUBBXVYU philip

                He did the same thing only in person; he cited the facts and was very calm the whole time. Any escalation of emotions came from the newspaper staff. And given how the newspaper tried to weasel out of responsibility, do you really think they’d write a cheque after a nicely worded letter? Not a chance. They’d have wrung this out until legal threats came into play. 

              • http://www.facebook.com/camslovesme Jesus Reyes

                we all copy, everybody copies. we should accept that. but still, its mr. duane’s hardwork. 

              • http://www.facebook.com/people/Rob-Nourse/812218065 Rob Nourse

                Oh my god I’m devastated… Your almost verbatim re-iteration of Chase’s scathing rebuke has wounded me mortally… I’ll never voice another opinion again.

                Still…. What I don’t understand is why it offends you two that a thief got caught and publicly confronted with his crime? This particular thief didnt think twice about splashing the sheriff’s “crimes” all over his newspaper… How is what Duane did any worse? Patricks opinion that Duane’s act was immoral clearly suggests he considers himself above such reprehensible behaviour yet he’s basically done the exact same thing by publicly taking the position that Duane’s approach in reporting this was somehow inappropriate and using the pulpit of Fstoppers to do it!

                Here’s the irony… Patrick reported on Duane, because Duane reported on Bob because Bob reported on the sheriff. Seems to me everyone’s doing the same thing. Publicly trashing the next guy down the line.

              • noamgalai

                Maybe I should go to Syria and Dubai with a video camera and confront the people who used my scream self portrait. Oh wait. yeah nevermind, i rather stay alive. 

              • BrianCarlson

                I totally support what the guy did. He was professional and cordial. The bottom line is this, the paper STOLE something. We have devalued professions that don’t produce a physical product (photographers, writers, programmers, etc.) to the point where we think it is ok to take without regard of payment. If I go into a clothing store and steal a bar of candy, do they send me a letter asking for payment? Do they request I give it back? Hell no. They call the cops and I go to jail.

                I would feel totally different about this if the blogger was rude and combative. He wasn’t. In fact, the paper was rude and combative. Do you think sending a letter to this guy 15 times would have done a lick? When he dose nothing with the letters you’ve got to call a lawyer. You have lawyer fees. This drags on for months. Finally he gets his check. How many hours of work has he put into pursuing this guy for payment when that time could have been spent writing more articles?

              • thejohnha

                 I have to agree with Philip here, a simple letter, no matter how accurate the facts, would have done nothing.

              • http://www.jerritpruyn.com Jerrit Pruyn

                This is the great thing about having rights, you can exercise them if you want to. The issue I have is when they are taken away. Good job for him for getting paid, I am sure it sold some ads for the paper. So be thankful we have these in place, I am sure if a big company took your photo and made some dollars on it you all would reach out to them. If you don’t want to use them then don’t, but don’t get mad at someone else for using these. 

              • http://www.facebook.com/profile.php?id=1493760217 Doug Howell

                LOVE IT. Seems like most companies would rather pay lawyers than the people they harm… at some point people have to realize that published material is not free for the taking… like leaving the keys in my car on the street… might not be smart but if it gets taken – it’s still theft.

                BTW – Patrick’s “could I ever stoop to this level?” seems odd to me. “STOOP” to the level of asking for payment of your work? Stand up for your rights and be glad for others who are willing to do so.

              • http://www.facebook.com/profile.php?id=1493760217 Doug Howell

                LOVE IT. Seems like most companies would rather pay lawyers than the people they harm… at some point people have to realize that published material is not free for the taking… like leaving the keys in my car on the street… might not be smart but if it gets taken – it’s still theft.

                BTW – Patrick’s “could I ever stoop to this level?” seems odd to me. “STOOP” to the level of asking for payment of your work? Stand up for your rights and be glad for others who are willing to do so.

              • http://www.facebook.com/profile.php?id=1493760217 Doug Howell

                LOVE IT. Seems like most companies would rather pay lawyers than the people they harm… at some point people have to realize that published material is not free for the taking… like leaving the keys in my car on the street… might not be smart but if it gets taken – it’s still theft.

                BTW – Patrick’s “could I ever stoop to this level?” seems odd to me. “STOOP” to the level of asking for payment of your work? Stand up for your rights and be glad for others who are willing to do so.

              • http://www.JettFoto.com Corey Melton

                hahaha

              • http://www.JettFoto.com Corey Melton

                hahaha

              • http://www.JettFoto.com Corey Melton

                hahaha

              • http://www.JettFoto.com Corey Melton

                the term wanker comes to mind when I read your comments. but that could just be the smell of your breath

              • http://www.JettFoto.com Corey Melton

                the term wanker comes to mind when I read your comments. but that could just be the smell of your breath

              • http://www.JettFoto.com Corey Melton

                the term wanker comes to mind when I read your comments. but that could just be the smell of your breath

              • http://twitter.com/KevinGarrison Kevin Garrison

                Except Patrick’s got fantastic opinions for the most part and your opinion isn’t worth shit. You’re clearly the twat here. Go start your own website that no one will care about where you can post your opinionless articles.

              • http://twitter.com/KevinGarrison Kevin Garrison

                Actually, Patrick simply stated he felt that it was a bit much. It was uncomfortable to watch, but a good lesson. No where did he say that Duane is immoral, you asshat.

              • http://profiles.google.com/simon.lynchsae Simon Lynch

                I’d like to know if any of the poeple throwing insults around up there EVER downloaded a song from Napster, limewire or other… or used bit torrent in a less than legal way….

                If so, please just shut up. I’m pretty sure no one is clean of stealing in the digital age so stop acting like you never done it.

              • http://www.jerritpruyn.com Jerrit Pruyn

                I do agree with your comment, however I do believe there is a slight difference, with taking that song then re-selling it. Making money from someone’s work. The paper made money off his write up from ads, readers.. etc…

                But yes I am working on using free content more, there are some great artist out there that want you to have their music and share it. 

              • http://www.facebook.com/profile.php?id=786299794 Mordechai Hanover

                their accents are awesome!!

              • SCphotog

                I’m blown away that some folks are making excuses for the old guy. 

                It doesn’t matter how many times something has made the rounds on the internet, wrong is wrong.

                The old guy was not exploited in any way. He was made to pay for something that he had stolen. Justice done in my opinion. The copyright holder should not have been made to hunt down his money.

                It’s easy I think to feel like it’s not a big deal, until it happens to you, with a piece of work that you put effort into, and then the mind changes quick-like.

              • http://2dhouse.com/ David Dvir

                this is awesome

              • JaymesPoudrier

                The elderly folks have had a seemingly lengthy history in the newspaper business. Plagiarism wouldn’t fly back then and it certainlyshould not now.  Let’s hope Duane had releases signed for filming these two without their permission. Perhaps he would have been been better off writing an article about it if he wanted to spread the word.

                Well written articles are opinion less or rather more specifically bias less . However, it really depends on the type of article you are writing and the expertise of the writer. This is a site not written by professional writers so I do not hold them to the same standards I hold for information I’ve bought and paid for.

              • thrashonistas

                It’s hard to say how I would react to something like this… I constantly find my photos being posted to little kid’s tumblr blogs with no credit or anything. I used to get pissed. Now on the flip side of that, none of these kids with these tumblr blogs
                are turning a profit off of publishing my stuff to their blogs, so what
                recourse do I really need to take? I realized that getting mad at every kid who did it would never stop the problem, so now I am just happy my work circulates, whether or not I am credited.

                Adversely, if my work was published to a newspaper, or a major media outlet without my knowledge or consent, I would certainly seek out some sort of compensation for my work. I honestly believe that this guy was in the right. He didn’t go into the office and flip out, he didn’t lose his cool, he was calm and composed and just stated the facts. The older gentleman was obviously flustered and pissed off, but he was truly in the wrong which was why he just cut him a check, because he knew he didn’t have a leg to stand on in this situation.

                As to the notion that he should have wrote a letter and waited for a response, I think the way he handled it in the best way possible, well aside from the guy with the camera. Clearly he benefited double by bringing the friend to document it all because he also generated more content for his blog. Regardless of that, I think a direct approach is the best approach. No one sought him out for even so much as a credit, so why should he give them the courtesy of a letter?

                In a slightly related incident, I once went to a hardcore punk show and shot some photos of some bands. Years later I saw one of my photos on one of the band’s T-Shirts, their records, their tour flyers, their website and more. I sent the band an email expressing that they were legally in the wrong for taking my work off of flickr and printing it and using it to sell their merchandise without my written consent. You know what I got back from said band? A long winded email telling me I was a piece of shit because I didn’t support DIY hardcore punk. I then wrote them back explaining that no matter what their opinion of me was, I showed up to their show, took photos for free of their band, put their photos online, and promoted them as artists through my medium, without asking for a penny because this was a passion of mine (sounds pretty DIY to me). (mind you, this was a small venue, with no policy on photography, and when I checked with my friend who booked them, I asked if they had a rider discussing their policy on photography; they did not. So legally I could take photos within the venue without any hassle as long as the owner/manager/band/tour manager said nothing, which no one ever did). I then proceeded to tell them that normally when a small band emails me and asks me for the rights to use my photos on their merch I ALWAYS say yes as long as I am credited in liner notes on a CD or record, or if it is something like a t-shirt, all I want in payment is a shirt mailed to me with the photo on it for my own mementos. I explained to them that I didn’t seek to profit off their band but rather just wanted some common professional courtesy when it came to the use of my work to benefit them. When I explained the certain legalities of it all, they changed their tune very quickly. I then received a very long winded apology and a request for my address so they could send me some stuff. I never replied, I just wanted to make my point.

                The digital era is a very tricky era for publishing work. With things like flickr, google, bing, 500px, vimeo, youtube, and more it is very easy to take someone’s stuff and try to pass it off as your own, or think they will never notice. I think at the end of the day though, if you are going to profit off of someone else’s work, in my opinion, you should be contacting them to get their consent and figure out what they might want for compensation, if anything at all. Not only is it the polite and respectful thing to do, but it is also the right thing to do to cover your butt legally.

                /end rant

              • fuckingiphone

                Yes it can. It’s called reporting. 

              • http://www.foggodyssey.com/ foggodyssey

                “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?”  Seriously, he “stoop” to act on his rights?  I really don’t see why people are sad for the old man when he wrote the check because he knew he was wrong and stole the work (why he wrote the check).  A friendly letter… please that at most wouldn’t have yielded anything more then a smart ass reply (like the comment on the check he wrote).  If your going to push this stuff you have to be firm and direct.  The guy was calm, confronted the thief and laid it out.  What is wrong with that? 

                This guy runs a blog and even if they wrote his name on the piece it’s not going to open HUGE doors for him at that little paper (two very different business models).  The paper benefited from the article not the writer and he had every right to call them on it.

                I think the ones who are sad for the old man are also the ones who feel for the house robber when he breaks a leg trying to break into the house he’s robbing, then tried to sue the homeowner for medical after he’s been caught! lol  What is WRONG WITH PEOPLE???

              • fuckingiphone

                Uh….nailed it?

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