Shop Mobile More Submit  Join Login

Comments


:iconwoisvogi:
woisvogi Featured By Owner Oct 16, 2014  Professional Artisan Crafter
your gallery is great, but i confess, that i viewed only the photos without signature (exept one). for me this  beautiful works are (estetical) worthless with such big signatures, in this case that i can not say anymore if i like them or not. i  see them as as signs just as the signatures over them are signs. not  more (but also not less!). i hope you don`t mind my hard words, but you art so amazing good that i dont want to refuse my impression.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Oct 16, 2014   Photographer
Thank you very much! I can understand that - I'm not a fan of large watermarks either. My entire gallery has been ransacked by art thieves and I've been trying out different methods to slow it down. While watermarks are effective, they make it hard to see my work. I have found that small, low resolution images seem to slow it down as well. I will be replacing the images with the large watermarks when I can. 
Reply
:iconbcr8tive:
bcr8tive Featured By Owner Nov 5, 2014  Professional General Artist
Hi Peggy,

You know I understand when artists/photographers get upset when they discover sites that are using their work without getting their permission, notifying them or providing credit. I see it a lot as I reverse image search works on a regular basis as well as having my own work stolen and used on websites regularly.
It's a constant battle....

HOWEVER, I just received a copyright notice on Pinterest from you filing a violation about an image of yours that I had shared/pinned on my Trees Board.

It was pinned with FULL CREDIT to you AND linked to your D.A. page. 

I have a website that people are only too happy to be featured on - as it drives traffic to their work -
AS WELL AS My Pinterest account www.pinterest.com/bcr8tive/

For the website bcr8tive.com/ I always have permissions in writing - 

My Pinterest account has 144K+ followers. No one has issues with being shared on it - in fact many request and some even pay to be featured.

With that said - AS I SAID, I understand you having issue with "being ransacked by art thieves" - 

BUT a LEGITIMATE CREDIT to you is by NO MEANS ransacked - or theft - and at one time everyone on D.A. was allowing "SHARING" per D.A.'s terms of service.

They have apparently SINCE made it possible to disable sharing - but that doesn't negate the fact that your work wasn't stolen by me - or by anyone that's driving traffic back to you and not using your work to profit - OR used D.A.'s own sharing options to share your work.

You jeopardize all of MY hard work filing a legal notice about ME stealing your work when that was SO untrue.

I filed a counter to the copyright notice. I will NEVER share your work again or even speak about it.
There are far too many photographers that I can feature that would only be happy to have me do so and have.

I wish you all the best. Hope making signs out of them all works out for you.

bcr8tive~
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Edited Nov 5, 2014   Photographer
Hi,

I do not want my photos 'shared'. I can't tell you how many times people have used my photos without permission and when I asked why they used them for blogs and web ads, they replied that they 'found' it on Pinterest and thought it was ok to use. All of my work is signed and copyrighted and cannot be used/show/shared /altered without my permission. I don't recall ever being asked by anyone  Pinterest if it was ok to 'show/share' my work. It's not just about people claiming my work as their own, it's also about people placing my work on sites without my knowledge - which is also a copyright violation. I don't know if you noticed but I now have on all my photos (republished after placing in storage) that even if you credit your source, if you don't get permission it's still a copyright violation. None of my work contains Creative Commons license which seems to only require crediting your source.  A Creative Commons license is not the same as a copyright. Copyrighted work cannot be used/shared/shown/altered without the permission of the copyright holder.  I believe the way Creative Commons works is that it's ok to share, for non commercial purposes, as long as the work is credited. None of my work is Creative Commons licensed. I think that's where a lot of people get confused. 

I'm not accusing anyone of anything on Pinterest, with the exception of some of the business accounts offering my work for sale for business ads and correspondence. One of my photos was being used on Pinterest to promote a weight loss video, without credit of course. While I appreciate that you think well of my work and want to share it, doing so without my permission is a copyright violation. Your countering my claim means that you are claiming to be the copyright holder and are obligated to file suit against me within 10 days of your counter claim or the claim is dropped. I'm not sure if you understand that and don't think that is your intention. I didn't accuse you of stealing my work, I filed claim that you violated my copyright, by showing/sharing my work without permission - which is what you did. I'm not saying that you had bad intentions. As for no one having issues with being shared on your boards on Pinterest, they might not even be aware that they are on your boards. I didn't know about this sort of thing until recently. I can tell you that a lot of artists do have issues with their work being shared on Pinterest - just google it and you will find many blogs and conversation threads with very, very frustrated artists complaining about it. 

As for making all of my work signs, that logo is an unfortunate necessity. Even with the small size and low resolution, and all of the statements in the description explaining that it's not ok to use my work in any capacity, people are still using and claiming my work as their own - on my most recent photos. I'm hoping that the logo will discourage any use of my photos and if they do it anyway, my contact information is on them. Even if the logo gets removed, that takes effort.

I'm sorry you are so upset but you really need to understand copyrights, especially when you are sharing other people's work. If there are people who want you to feature their work, that's wonderful for both of you. I am not happy to have my work on any sharing site as pretty much all of it has been. I don't know if you understand that once work gets shared on sites like Pinterest, people copy and paste it wherever they please, at very large sizes and offered for downloads and as wallpapers. Also, a lot of my work is being offered for sale, especially in Eastern Europe and the Middle East. In the Middle East, photos of me are being offered for sale which is really annoying. I don't think you understand what comes of sharing other people's work. 
Reply
:iconbcr8tive:
bcr8tive Featured By Owner Edited Nov 5, 2014  Professional General Artist
Peggy you're really biting off more than you can chew here -

You have NO idea what I know - I've probably forgotten more about copyright than you can ever hope to know and it would really behoove you to do a little more research about who you're speaking to, before you speak.
I can tell by the things that you say, that you really haven't. You just ASSUME that the person you're speaking TO doesn't know as much as YOU know. (It's ALMOST funny but your ignorance & self righteousness makes it much less than comedic)

The FACT is - when you agreed to the Terms of Service on deviantART you agreed to have your work shared. You're SHARING it NOW.

I'm not going to argue about it - I realize all of the issues and implications involved in putting one's work online.

I also know even more about how to battle it and protect yourself - apparently you haven't attained that level of enlightenment yet. 

D.A. isn't your website and even on your own website - people may help themselves unless you take PROACTIVE measures to prevent TRUE copyright infringement. Once you upload it - you can expect to battle this online FOREVER. 

Ultimately, I know that "I" did not infringe on your "copyright" by sharing it linked to DA and credited to you ON Pinterest.

My countering the claim does NOT mean what YOU say it means - it means that your 'infringement' accusation is bogus since it was shared through legitimate means offered BY D.A. - linked to your work, crediting your work and nothing was gained monetarily by doing so. No TOS was violated.

I didn't stand to profit from your photo in any fashion, nor was I offering to. It was doing nothing but driving traffic to the source - YOUR work.

You really ought to do a little research yourself - but I can see you're a little too preoccupied with the limited knowledge you have mustered.

Getting your work acknowledged and your name known is an important step, in doing anything professional with photos, aside from assuming you will.
They're really only worth what they mean to you - until and unless you can get someone to pay you for them.

Marketing and advertising is an important aspect of doing that.

Creatives and Brands WANT to be featured on my site and by my Pinterest account. I aid in Brand Awareness and Development. 

You could have easily reached out to me to talk with me when you came across the image as opposed to filing a legal accusation as if I did something ILLEGAL or wrong, when that was far from the case. I take things like that seriously. My reputation is important. I run a legitimate business.

As I said - It will never happen again. 

Good Luck.

bcr8tive
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Edited Nov 5, 2014   Photographer
Not really. I didn't agree to have my work shared on other sites such as Pinterest. You are being very angry and rude. I am sorry you are so upset but that is no excuse for your behavior. You did infringe upon my copyright when you chose to 'share' my photo beyond DA. I post my work on DA and know that it might be faved and featured by others on DA and that is expected and perfectly fine with me. At no time did I ever agree to have my work 'shared'/posted on other sites without my knowledge or permission. You say you aren't going to argue the point but yet you persist. I am aware that no matter what I do people are going to help themselves to my work but that doesn't make it right. I am trying different methods to slow this down and will continue to try to do so. My work is not offered by DA to be shown on other sites without my permission or knowledge. You may not be profiting monetarily from showing my work but you are using it to gain followers as if people like the content you provide.

I don't need the sort of acknowledgement that comes from sharing sites. All that has brought is more people taking my work and doing as they please with it.  If people like being featured on your site that's great for the both of you. I do not want to be featured on any sharing sites without my knowledge or permission.  Whatever choices I make about marketing are mine and not for someone else to decide for me, especially without my knowledge or permission. I have done a lot of research, more than I care too - perhaps you need  to do a bit more. This is not about TOS, DA does not offer my work to be shown on other sites and find it strange that you think this is so. Where in the terms of services does it say that DA can offer my signed and copyrighted work to other sites without my knowledge or permission? Perhaps you need to review DA's terms of service.

"You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of deviantART or the appropriate owner of copyright in such works. deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). "

about.deviantart.com/policy/se…

4. Copyright

deviantART is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to deviantART are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of deviantART or the appropriate owner of copyright in such works. deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.



about.deviantart.com/policy/co…

What is Copyright Infringement?

To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.

Some examples of copyright infringement (this is only a partial listing) can include:

  • Placing someone else's photograph or creative work online without proper permission.
  • Using a creative work commercially without permission.
  • Adapting someone else's creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.
  • Modifying or editing a creative work without proper permission

  • Some Cautions
  • It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
  • It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
  • It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.



I have reached out to many people on Pinterest before filing DMCA take down orders and for the most part have been ignored. My work has been 'shared' in the hundreds on Pinterest and to speak to each person individually, while I have tried, has been far too time consuming with very little result. Even filing the take down orders takes up great deal of my time. I am glad you take things seriously, so do I. I understand that you are very upset  and weren't trying to do something terrible. That being said, you did infringe on my copyrights, even though that wasn't your understanding or intention. I can see that we will not come to a common ground on this and that is unfortunate. I'm glad it won't happen again and wish you good luck as well.
Reply
:iconbcr8tive:
bcr8tive Featured By Owner Nov 5, 2014  Professional General Artist
sta.sh/01vlw0mpv0u7

Attached image in D.A. STASH - 

Do you see those things in the top right hand corner of the D.A. screen? They're SHARE Buttons.
To share to Facebook, Tumblr, Twitter, Pinterest, Reddit, Google+ and StumbleUpon.

The feature to disable them is something new here. They were there for a LONG time. 

READ D.A.s TOS. You agree to THEIR TOS when you upload here.

You are SHARING your images on D.A. - this IS a share site. 

I'd suggest you read the fine print on all of the contests you join to "get your work known".

And Peggy, if you think ONE photo of some trees grabbed me almost 150 THOUSAND followers - you're smoking something.

I can't even remember what it looked like. You're something else.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Nov 5, 2014   Photographer
about.deviantart.com/policy/se…

4. Copyright

deviantART is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to deviantART are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of deviantART or the appropriate owner of copyright in such works. deviantART does not claim ownership rights in your works or other materials posted by you to deviantART (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.



about.deviantart.com/policy/co…

What is Copyright Infringement?

To simplify this question, copyright infringement occurs when you do certain things with a creative work which someone else produced without first getting the proper permission.

Some examples of copyright infringement (this is only a partial listing) can include:

  • Placing someone else's photograph or creative work online without proper permission.
  • Using a creative work commercially without permission.
  • Adapting someone else's creative work found in one medium to another medium, such as making a book into a movie or a photograph into a painting.
  • Modifying or editing a creative work without proper permission

  • Some Cautions
  • It doesn't matter how you obtained the material, it's still considered copyrighted and you still need permission.
  • It doesn't matter whether or not you've credited the proper owner, it's still considered copyrighted and you still need permission.
  • It doesn't matter if you are not selling it or making a profit, it's still considered copyrighted and you still need permission.
Reply
(1 Reply)
:iconwoisvogi:
woisvogi Featured By Owner Edited Oct 16, 2014  Professional Artisan Crafter
yes i know that. several times i forgot to to switch off the button for full size download. once i found one of my photos (woisvogi.deviantart.com/art/co… )on a turkish homepage. i do nothing against and when someone will ask me for references, i can call this one :-) . the gag on the story: the company is a lowyer`s office which is also specialized for copyright infringement.
Reply
:iconmetal-bender:
Metal-Bender Featured By Owner Oct 17, 2014   Photographer
Good grief, that is a wild story for sure - you would think they would be extra mindful not to do that!
Reply
Add a Comment: