Comments for Stephan Segraves http://badice.com badice.com ~ musings for the masses Tue, 14 Feb 2012 04:16:49 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on New First Class Meals on United by Cory http://badice.com/2012/02/12/new-first-class-meals-on-united/#comment-744 Cory Tue, 14 Feb 2012 04:16:49 +0000 http://badice.com/?p=3287#comment-744 Good, I hope this bodes well for the future. United's first class food service has been horrid of late. Good, I hope this bodes well for the future. United’s first class food service has been horrid of late.

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Brandon Eley http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-738 Brandon Eley Thu, 09 Feb 2012 00:01:53 +0000 http://badice.com/?p=3233#comment-738 I've heard that argument -- the condescending "you should feel privileged we used your XXX" -- many times. It's amazing to me though that a <strong>content publisher</strong> used that one. I wonder if they would feel the same way if they found their entire catalog of content was copied (with a small credit) and published on another website. The attitude he had in his response to you would have me fuming. I am not sure of the legalities of seeking fair compensation for their use of your photograph, individually anyway. Suing is obviously too expensive to really justify. It would be incredibly expensive and time consuming. BUT, as you mentioned if they have 50,000 photographs on their site how many did they use without first asking permission? (I'm guessing most of them) And how many of those photographers even know about it? Even if credit was given, a lot of people aren't in the habit of Googling themselves or their website names. It would be very interesting to contact a few photographers and see if they feel the same way you do. If they do... it may be a candidate for a class action lawsuit. If you figure one image used commercially is worth about $100 (average between a $10 iStock image and $500 Getty image) then that's a potential liability of $5,000,000 (not including attorney fees, time awarded to defendants due to the time required to bring the case, etc). I'm no attorney but if I were CultureMap I'd sure be consulting one... because that much copyright infringement could prove costly one day. I’ve heard that argument — the condescending “you should feel privileged we used your XXX” — many times. It’s amazing to me though that a content publisher used that one. I wonder if they would feel the same way if they found their entire catalog of content was copied (with a small credit) and published on another website.

The attitude he had in his response to you would have me fuming. I am not sure of the legalities of seeking fair compensation for their use of your photograph, individually anyway. Suing is obviously too expensive to really justify. It would be incredibly expensive and time consuming.

BUT, as you mentioned if they have 50,000 photographs on their site how many did they use without first asking permission? (I’m guessing most of them) And how many of those photographers even know about it? Even if credit was given, a lot of people aren’t in the habit of Googling themselves or their website names. It would be very interesting to contact a few photographers and see if they feel the same way you do.

If they do… it may be a candidate for a class action lawsuit. If you figure one image used commercially is worth about $100 (average between a $10 iStock image and $500 Getty image) then that’s a potential liability of $5,000,000 (not including attorney fees, time awarded to defendants due to the time required to bring the case, etc). I’m no attorney but if I were CultureMap I’d sure be consulting one… because that much copyright infringement could prove costly one day.

]]> Comment on How Bloomberg BusinessWeek Designed the Continental/United Cover by Brian Poirier http://badice.com/2012/02/06/how-bloomberg-businessweek-designed-the-continentalunited-cover/#comment-736 Brian Poirier Tue, 07 Feb 2012 18:10:36 +0000 http://badice.com/?p=3275#comment-736 I think they have it backwards. United should be on top taking advantage of Continental. The way Continentals passengers have been treated by the new company is awful. I think they have it backwards. United should be on top taking advantage of Continental.
The way Continentals passengers have been treated by the new company is awful.

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Stephan Segraves http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-735 Stephan Segraves Sat, 04 Feb 2012 18:21:16 +0000 http://badice.com/?p=3233#comment-735 Thanks for sharing Chuck! It's interesting, I have not received any further communication from them. I figured they would at least acknowledge the problem. My guess is that we'll see some more violations in the future. They'll wait until everyone calms down and then do it again. I hope I'm wrong. Thanks for sharing Chuck! It’s interesting, I have not received any further communication from them. I figured they would at least acknowledge the problem.

My guess is that we’ll see some more violations in the future. They’ll wait until everyone calms down and then do it again.

I hope I’m wrong.

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Chuck (@Bitspitter) http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-734 Chuck (@Bitspitter) Fri, 03 Feb 2012 18:07:26 +0000 http://badice.com/?p=3233#comment-734 FOLLOW-UP: I got a response from Clifford Pugh at Culturemap this morning; they are sending me my requested payment, and have promised to tighten their policies and "do better." Very encouraging. FOLLOW-UP:

I got a response from Clifford Pugh at Culturemap this morning; they are sending me my requested payment, and have promised to tighten their policies and “do better.”

Very encouraging.

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Brian Poirier http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-733 Brian Poirier Thu, 02 Feb 2012 21:04:02 +0000 http://badice.com/?p=3233#comment-733 Oh, and for finding infringing images, I've used Tineye: http://www.tineye.com/ Oh, and for finding infringing images, I’ve used Tineye: http://www.tineye.com/

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Brian Poirier http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-732 Brian Poirier Thu, 02 Feb 2012 21:00:18 +0000 http://badice.com/?p=3233#comment-732 According to CultureMap's logic, I guess we can steal their articles to report in our own for profit blogs and only have to give them credit (if we get caught). Or we can go to their house and borrow their TV, Computer, etc as long as we credit them. Hey, I need a new car! According to CultureMap’s logic, I guess we can steal their articles to report in our own for profit blogs and only have to give them credit (if we get caught).

Or we can go to their house and borrow their TV, Computer, etc as long as we credit them. Hey, I need a new car!

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Ali http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-731 Ali Thu, 02 Feb 2012 17:33:42 +0000 http://badice.com/?p=3233#comment-731 This happened to my husband, too. And I threw a big fit in the comments section of the post it was in. I got backlash from some of the readers, which didn't bother me because clearly they were getting all fanboy on the site. What really bothered me was that I received the exact same response from the editor that you did. "Trying" is not doing. There is no excuse for not giving credit. Even something as simple as giving the original website found on credit if you don't know who the photog is or have time to research it. Many cites in Houston have used his photography and they always give him credit for it. They come across them on Flickr and link back to his profile. How hard is that? It's not. He's not even expecting or asking for money. He just likes that folks enjoy his photos and want to use them. I've sense cut all ties with Culturemap. I don't read it or tweet them or give them any sort of attention for the simple fact that I don't want them to get traffic. They need to learn that people won't stand for how they do business. I do love "name and shame", though. Others should know to boycott, too. -Ali This happened to my husband, too. And I threw a big fit in the comments section of the post it was in. I got backlash from some of the readers, which didn’t bother me because clearly they were getting all fanboy on the site. What really bothered me was that I received the exact same response from the editor that you did.

“Trying” is not doing. There is no excuse for not giving credit. Even something as simple as giving the original website found on credit if you don’t know who the photog is or have time to research it.

Many cites in Houston have used his photography and they always give him credit for it. They come across them on Flickr and link back to his profile. How hard is that? It’s not. He’s not even expecting or asking for money. He just likes that folks enjoy his photos and want to use them.

I’ve sense cut all ties with Culturemap. I don’t read it or tweet them or give them any sort of attention for the simple fact that I don’t want them to get traffic. They need to learn that people won’t stand for how they do business.

I do love “name and shame”, though. Others should know to boycott, too.

-Ali

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Stephan Segraves http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-730 Stephan Segraves Thu, 02 Feb 2012 17:10:09 +0000 http://badice.com/?p=3233#comment-730 Some really great comments here. Thank you all for your input and ideas. It is refreshing to see that I am not alone in wanting this kind of behavior to end. The idea of sending invoices is a good one, my time certainly is not free and I spent a lot of time taking photographs and editing them. There are tons of people out there that would love my work for free, that doesn't mean they get to steal it. Jay, I have installed the Chrome plug-in per your suggestion and it's great. Some really great comments here. Thank you all for your input and ideas. It is refreshing to see that I am not alone in wanting this kind of behavior to end. The idea of sending invoices is a good one, my time certainly is not free and I spent a lot of time taking photographs and editing them. There are tons of people out there that would love my work for free, that doesn’t mean they get to steal it.

Jay, I have installed the Chrome plug-in per your suggestion and it’s great.

]]> Comment on On Image Use, Abuse, and Where We’re Headed by Chuck (@Bitspitter) http://badice.com/2012/02/01/on-image-use-abuse-and-where-were-headed/#comment-729 Chuck (@Bitspitter) Thu, 02 Feb 2012 12:28:10 +0000 http://badice.com/?p=3233#comment-729 I am going to join the people urging you, and anyone else whose work they have infringed, to bill them—and to "name and shame" them when they do this again, which they almost certainly will, since it seems to be their de facto editorial policy. And yes, a simple Google search revealed that—quelle surprise!—one of my shots has also been used on Culturemap without permission. I will be sending them an invoice today. An attribution and a disingenuous "oopsie!" and removal when they get busted are not enough. I am going to join the people urging you, and anyone else whose work they have infringed, to bill them—and to “name and shame” them when they do this again, which they almost certainly will, since it seems to be their de facto editorial policy.

And yes, a simple Google search revealed that—quelle surprise!—one of my shots has also been used on Culturemap without permission.

I will be sending them an invoice today. An attribution and a disingenuous “oopsie!” and removal when they get busted are not enough.

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