William Beem wrote:
People on Tumblr steal left and right, and then they reblog from each other's Tumblr.  It's a massive copyright hole.

I have my images registered with the US Copyright Office, which technically means I could sue the folks who infringed on my images.  Realistically, they probably don't have assets to claim and it would generate bad blood with the thieving community there.

On the other hand, I would really love to see a lawsuit against Tumblr itself.

I 'm pretty sure Tumblr is liable. They have no copyright policy agreement clause.

I simply contacted my Congressmen, stating just that. The US Justice Department can go after them, since I can't afford the $780.00 federal filing fee, and there is no real monetary damage. I guess it will have to be a Fed Case.

16. Copyright Policy

Tumblr has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf. The address of Tumblr's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.

Reporting Copyright Infringements

If You believe that content residing or accessible on the Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Tumblr is capable of finding and verifying its existence.
Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
The Notifying Party's physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, Tumblr shall:

Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.
Tumblr will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
Tumblr reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.

Rebel Photo wrote:

I 'm pretty sure Tumblr is liable. They have no copyright policy agreement clause.

I simply contacted my Congressmen, stating just that. The US Justice Department can go after them, since I can't afford the $780.00 federal filing fee, and there is no real monetary damage. I guess it will have to be a Fed Case.

this is incorrect. They would be liable if you sent a valid DMCA notice and they failed to act.  and they do have a policy on this. essentially no different from FB or MM.

Rebel Photo wrote:
after reading the thread on the Google Image search I found 43 infringements...All on Tumblr. It seems they have no copyright policy no DMCA policy...and and make everything impossible to deal with.

there are thousands of images from MM

I suspect they won't be there long....

are the infringements giving you a bad name?

Stephen Markman wrote:
Otherwise, put on your big girl panties and just say "Thank You" when people pay you compliments.

+1

I have no objection to people blogging, re-blogging, sharing, re-sharing etc. etc. my work - it's a compliment and (generally, as long as they credit me, which most do) then it's getting my name out there. In essence that's why I put the stuff on the internet in the first place!

Of course, if a website or company is using my image(s) for commercial purposes (in a scenario where I would normally have charged them) then I get in touch and ask them to take the image(s) down or pay me. So far, I haven't had anybody refuse to comply with such an email.



Just my $0.02

Ciao
Stefano

www.stefanobrunesci.com

Lumigraphics wrote:
Tumblr will be insulated by the DMCA and it's all non-commercial use. And a site does not have to publish a "copyright policy" to be legal, all they have to do is honor a properly formatted takedown request. They could have no TOS at all. As long as they acted according to the law if they get notified, they will be in the clear.

+1

Stephen Markman wrote:
Your response is Ridiculous!

It's a non-commercial site.  No one is profiting from your work.  They are blogging your images, to demonstrate that they appreciate your work and want others to see it...

... I'd strongly suggest that

a) You calm the hell down about people admiring your work; and
b) That you stop being so damned cheap and invest in a legal consultation so you can know what you're talking about and what, if any, legal remedies you might actually have.

This is the internet. If you want to have full control over your image and where it's viewed (non-commercially) DO NOT POST YOUR WORK ONLINE.

Otherwise, put on your big girl panties and just say "Thank You" when people pay you compliments.

+1

Most professionals have printed books, if you want to maintain complete control over your work, stick to the printed format. 

Online portfolios are cheaper, faster to send to clients and easier to rearrange. Any number of those reasons or more is why you presumably have an online representation of your work to start with.  But when you want fast and easy access to your work you can't be surprised when people have fast and easy access to your work.

Too many people want to sue or send cease-and-desist letters when some 14-year-old posted one of their photos on a blog. Grow up, you aren't the victim of anything and on those occasions you stumble on someone taking credit for your work, then and only then is it appropriate to become upset.

IDphotos wrote:
I've sent tumblr a DMCA take down notice and it was handled within a couple of days.

You can contact tumblr through the following:

Tumblr, Inc.
35 East 21st Street, 9th Floor
New York, NY 10010
Attn: Copyright Agent
Tel: +1-678-HEY-TUMBLR
Fax: +1-212-779-2143
Email: [email protected]

Here's a link to their ToS:
http://www.tumblr.com/policy/en/terms_of_service

Cleverly hidden.

I like how people seem shocked at how Tumblr works, like it's some big new discovery. The site didn't just go online yesterday. I'm guessing they have lawyers working for them, and I'm guessing that if there was some huge loophole that made them responsible for massive copyright infringements, someone would have nailed them for it by now.

It's just an image sharing site, it's not exactly a new concept.

Duncan Hall wrote:
People still waste time trying to get piss out of a pool? Be happy you're popular, geez.

I'm stoked when my images get a lot of traffic on Tumblr. A lot of people have discovered my work there.

Rich Burroughs wrote:

I'm stoked when my images get a lot of traffic on Tumblr. A lot of people have discovered my work there.

Ditto. You can't buy advertising like that. You're crazy if you take it down.

Rich Burroughs wrote:

I'm stoked when my images get a lot of traffic on Tumblr. A lot of people have discovered my work there.

i did. or at least more of it. i love tumblr. most users will happily provide credit info if approached about it. i've had to do it on more than one occasion. it's a friendly community for the most part and if people find enough joy in our [collective] work then great! otherwise... tell me why we do this again?

The title, the "broken windows theory", comes from the following examples:

    Consider a building with a few broken windows. If the windows are not repaired, the tendency is for vandals to break a few more windows. Eventually, they may even break into the building, and if it's unoccupied, perhaps become squatters or light fires inside.

    Or consider a sidewalk. Some litter accumulates. Soon, more litter accumulates. Eventually, people even start leaving bags of trash from take-out restaurants there or breaking into cars.

And so, where seemingly innocent infringements that appear to have some value to you are ignored, and by the looks of it apparently welcomed by some people right here in this thread, then your work eventually spreads more widely, and, ultimately, the value of it is destroyed entirely. Where one person tends to ignore those infringements then the infringer comes to believe that they are also free to infringe every other work and immune from any consequences at all. 

The theory of the Internet's purpose, the free exchange of information, was never intended to become, what it has become, the free, albeit unlawful, trade in other people's intellectual property irrespective of if it had or has any value in the marketplace or not.

If you indeed want to just give your work away free to the world, go for it, but at least be clear about it - declare it to be work in the public domain and / or give it away under a CC license. But when you are actually infringed, without let or leave, without either your knowledge or consent, for God's sake don't just ignore it. If you do, then instead of being part of the solution you are only being part of the problem.

Studio36

studio36uk wrote:
I am more inclined to see this is an Internet manifestation of the "broken windows theory"


And so, where seemingly innocent infringements that appear to have some value to you are ignored, and by the looks of it apparently welcomed by some people right here in this thread, then your work eventually spreads more widely, and, ultimately, the value of it is destroyed entirely. Where one person tends to ignore those infringements then the infringer comes to believe that they are also free to infringe every other work and immune from any consequences at all. 

The theory of the Internet's purpose, the free exchange of information, was never intended to become, what it has become, the free, albeit unlawful, trade in other people's intellectual property irrespective of if it had or has any value in the marketplace or not.

If you indeed want to just give your work away free to the world, go for it, but at least be clear about it - declare it to be work in the public domain and / or give it away under a CC license. But when you are actually infringed, without let or leave, without either your knowledge or consent, for God's sake don't just ignore it. If you do, then instead of being part of the solution you are only being part of the problem.

Studio36

But in a legal sense, reblogging would almost certainly be defensible as fair use. Infringment is what the law says it is, and you can only take action to the limits of the law.

Lumigraphics wrote:

But in a legal sense, reblogging would almost certainly be defensible as fair use. Infringment is what the law says it is, and you can only take action to the limits of the law.

how so? if it's fair use then anything is fair use.  Sorry but that's just not true.  fair use (or fair dealing) is a narrow statutory exception. you cant just make a blanket statement that reblogging would almost certainly be defensible as fair use.  I'm sure in some cases it might but not all the time. It would depend on how the blog treated the work.

Lumigraphics wrote:

But in a legal sense, reblogging would almost certainly be defensible as fair use. Infringment is what the law says it is, and you can only take action to the limits of the law.

so because some "blogger" decides to steal an image, upload it in his blog...you consider that "fair use"? I don't...and I don't think Tumblr does either because I've had numerous images removed from blogs via DMCA. I have no problem with images being linked to, but when they steal an image, remove my logo and use it without permission, they're just as much a theif as the kid who breaks into my garage and steals my child's bike.

ddtphoto wrote:
Personally I wouldn't mind seeing my work on someones tumbler page unless they are somehow generating income from it. People display images they find on social networks all the time, also graphics, animated gifs, music, music videos etc...
I mean, if it's some sort of online magazine then that's a different matter. Or someone claiming they did your work. But all these people seeing your work and thinking it's cool seems like a bonus to me.

This.  If they're not linking to you then send them a message and ask them to.  God forbid someone give you free advertising.

Stephen Markman wrote:
Your response is Ridiculous!

It's a non-commercial site.  No one is profiting from your work.  They are blogging your images, to demonstrate that they appreciate your work and want others to see it.

I could easily make 1000 different legal arguments why you would lose an attempted infringement suit but engaging you in conversation on this subject would be a waste of time.

I notice that you like to use the MM fora as a means of attempting to get free legal advice (e.g. https://www.modelmayhem.com/po.php?thre … 534&page=1 ) but I'd strongly suggest that

a) You calm the hell down about people admiring your work; and
b) That you stop being so damned cheap and invest in a legal consultation so you can know what you're talking about and what, if any, legal remedies you might actually have.


For what it's worth, I just stumbled across this:
http://simplewishes.tumblr.com/post/951 … es-without

and though the blogger was deferential and respectful, I think you came across looking ridiculous. 

This is the internet. If you want to have full control over your image and where it's viewed (non-commercially) DO NOT POST YOUR WORK ONLINE.

Otherwise, put on your big girl panties and just say "Thank You" when people pay you compliments.

I look at it like this.

Are they making money from my image? Did they credit me?

If the answer is no and yes, then I don't care if they use my image

ddtphoto wrote:
Personally I wouldn't mind seeing my work on someones tumbler page unless they are somehow generating income from it. People display images they find on social networks all the time, also graphics, animated gifs, music, music videos etc...
I mean, if it's some sort of online magazine then that's a different matter. Or someone claiming they did your work. But all these people seeing your work and thinking it's cool seems like a bonus to me.

I agree. I've seen about 7 different images of myself that can be found in my MM port on Tumblr. It did not upset me. I was thrilled that people thought so much of my work that they shared it with the online world. Almost 100% of tumblrs have the words "No copyright infringement intended." "These are not my images- I just enjoy them." "If you see your image here and want it removed contact me and I will remove it asap." or something similar somewhere on the profile. I have friends on the network and when they spot my images they alert me, then I ask the poster to edit the image and add credits and links where I can be reached. Since my images were floating around in the tumblr-verse anyway I have since created one and been able to network with photographers there. I don't think people enjoying your work is something to be upset about. Now if they were claiming my work as their own or making money from my work that would be a different  issue entirely!

Jeff Fiore wrote:

I look at it like this.

Are they making money from my image? Did they credit me?

If the answer is no and yes, then I don't care if they use my image

sorry but I disagree. If they're using my image to promote an escort site or porn site, I don't want my name associated with it. Feel free to give your work away for free. I see it as blatant theft and will treat it as such.

Tajh Sutton wrote:

I agree. I've seen about 7 different images of myself that can be found in my MM port on Tumblr. It did not upset me. I was thrilled that people thought so much of my work that they shared it with the online world. Almost 100% of tumblrs have the words "No copyright infringement intended." "These are not my images- I just enjoy them." "If you see your image here and want it removed contact me and I will remove it asap." or something similar somewhere on the profile. I have friends on the network and when they spot my images they alert me, then I ask the poster to edit the image and add credits and links where I can be reached. Since my images were floating around in the tumblr-verse anyway I have since created one and been able to network with photographers there. I don't think people enjoying your work is something to be upset about. Now if they were claiming my work as their own or making money from my work that would be a different  issue entirely!

so you won't mind my family walking into your house without permission and inviting 100 friends over for a bbq in your back yard.

Duncan Hall wrote:
People still waste time trying to get piss out of a pool?

love this line

Rebel Photo wrote:
I 'm pretty sure Tumblr is liable. They have no copyright policy agreement clause.

You're incorrect.

They state their copyright policy here, specifically in #16:

http://www.tumblr.com/policy/en/terms_of_service

& they also have a way for people to inform them of disputes that violate their terms of service.

FlirtynFun Photography wrote:

sorry but I disagree. If they're using my image to promote an escort site or porn site, I don't want my name associated with it. Feel free to give your work away for free. I see it as blatant theft and will treat it as such.

This post is talking about Tumblr, not a pay or escort site. If someone posts one of my images on Tumblr because they admire the image, as long as they credit me I don't have a problem with it.

Now a pay/escort site would be different. They are using my images to make money even if it is indirectly and I don't want my images associated with those sites.

Stephen Markman wrote:
Your response is Ridiculous!

It's a non-commercial site.  No one is profiting from your work.  They are blogging your images, to demonstrate that they appreciate your work and want others to see it.

I could easily make 1000 different legal arguments why you would lose an attempted infringement suit but engaging you in conversation on this subject would be a waste of time.

I notice that you like to use the MM fora as a means of attempting to get free legal advice (e.g. https://www.modelmayhem.com/po.php?thre … 534&page=1 ) but I'd strongly suggest that

a) You calm the hell down about people admiring your work; and
b) That you stop being so damned cheap and invest in a legal consultation so you can know what you're talking about and what, if any, legal remedies you might actually have.


For what it's worth, I just stumbled across this:
http://simplewishes.tumblr.com/post/951 … es-without

and though the blogger was deferential and respectful, I think you came across looking ridiculous. 

This is the internet. If you want to have full control over your image and where it's viewed (non-commercially) DO NOT POST YOUR WORK ONLINE.

Otherwise, put on your big girl panties and just say "Thank You" when people pay you compliments.

just curious, but how does this differ than file sharing? Is the music industry so much more powerful that if someone says, "hey enjoy this song by this artist because I like it", that someone would be liable for infringement, whereas a photo is shared and liked, it's not subject to the same protection?

Jeff Fiore wrote:
This post is talking about Tumblr, not a pay or escort site. If someone posts one of my images on Tumblr because they admire the image, as long as they credit me I don't have a problem with it.

Now a pay/escort site would be different. They are using my images to make money even if it is indirectly and I don't want my images associated with those sites.

Many folks here have commented that they don't mine copies of their images floating around, as long as it's not done for commercial intent.  That's an individual choice, and I don't dispute it.

However, copyright infringement is a violation of a license.  Commercial intent is not necessary. What's happening is simply counterfeiting.

For example, I absolutely LOVE images of Benjamin Franklin.  I'd like to have as many copies as I could possibly get - particularly the green ones.  I don't plan on going into business to sell these images, either.

Do you think I can legally make counterfeit copies?  Of course not.  It's protected by law.  So are my images.

ddtphoto wrote:
Personally I wouldn't mind seeing my work on someones tumbler page unless they are somehow generating income from it. People display images they find on social networks all the time, also graphics, animated gifs, music, music videos etc...
I mean, if it's some sort of online magazine then that's a different matter. Or someone claiming they did your work. But all these people seeing your work and thinking it's cool seems like a bonus to me.

A voice of reason.