Picture Copyrighted Wrongly

[Betty Wallace]

The picture of the cute Golden pup looking like he's praying over the tray of treats is one that was taken by a girl who belongs to an MSN Community. She posted that picture on one of the communities. It was so cute, folks copied it and started it around the web. Not only have you put your web site's address on it, you've credited someone else for the picture. We all know nothing can be done to stop our pics going around the web, but it would be more appropriate if you didn't credit anyone at all if you don't know the origin of the picture.

[markcrobinson]

These are the correspondences I have received and my replies:


From: Candida Walls

I think it is a violation of the copy right laws to take someone else’s picture and call it your own. Your picture of the puppy praying before getting treats is not yours or Clint and the Tulsa SPCA. It belongs to a member of the Golden Message Board on MSN. Yet you have put your web site address on it as if it’s your own. You should be ashamed of yourself, you do good work and have good intentions but you need to find the owner of that picture and give her credit.


From: Mark Robinson

Thank you for your note, and for pointing out my mistake. The photo was sent to me and I posted it with, what I thought was the proper credit. If I have infringed on anybody's rights, they can contact me and I will glady and immediately comply with their requests.

As far as the copyright laws, as far as I know photographs distributed around the internet like this are considered a 'gray area.' I'd be very interested in a professional legal opinion if there is one. As far as I am concerned, it is simply a matter of courtesy. I will be glad to comply with the reasonable requests of anyone who claims to be the owner of this photo... even if I can't verify their ownership.

If I am asked to remove it by someone who claims it belongs to them, I will. But, just out of curiosity... how will I know it really belongs to them?

Look, we're all on the same team here... we LOVE these animals and photos like this make us smile. The only reason to share them is to make others smile. I agree that it's of dubious integrity to take this photo, print it on a tee shirt, and sell it without paying the photographer... but nobody is doing that.

Regards,
Mark






-----Original Message-----
From: Betty Wallace

I posted a message on your message board. The picture of the Golden pup seemingly praying over the tray of treats is one posted by a member of our MSN community. Folks loved it so much, it soon was being sent around the world.

The picture is too cute to resist, but you would be doing a better job if you didn't place your own web site on a picture that doesn't belong to you, and you don't give credit wrongly. Many people are using her picture, some even gaining from it, and no one is crediting where credit properly belongs.

Betty Wallace
Manager
MSN Community, Golden Retrievers

From: Mark Robinson

My apologies...
I was given permission from the person who sent it to me and believed them to be the source. Would you prefer I take it off altogether or give you proper credit?

Regards,
Mark

[CarolC]

Hi Ms. Wallace, I hope the picture situation can be resolved to your satisfaction. I wonder if you would be able to take a minute to read the message immediately below yours, "A Dilemma--I Don't Know What to Do", posted by Jennie? It is about a golden retriever. Your particular knowledge and input would be valued if you can offer any. Thank you! Best wishes to you.

[markcrobinson]

Elizabeth,

Thank you for your note.

With your permission, I will post the original photo along with a anything you want to say about your group to promote the Golden Retriever community board. If you are at all uncomfortable with it being on the site, please let me know and I will remove it immediately. Currently, the photo has been removed.

As far as putting the banner across the photo, this is something that our web designer recommended few weeks ago and we have done it, as a rule, to all new photos added. A few months ago someone copied a photo from our site and used it, out of context, suggesting that it depicted cruel treatment of an animal. We were furious. That's why I agreed to the web designer's suggested policy of marking all photos so that people would know where it came from and could contact me if necessary.

Based on your feelings, we will discontinue doing that.

Elizabeth, people like you and your group is what my site is set up to support. We would never intentionally do anything to offend you and will do whatever we need to do, immediately, to make amends. We want to earn your trust and support with the work we are doing.

Please accept my sincere apologies and pass them, if appropriate, to anyone else in your group who might need to hear it.


Regards,
Mark

[Elizabeth Hudon]

Hi! My name is Elizabeth Hudon and I am the photographer of the "praying" pup as well as his owner! The photo in question is of my golden boy Forrest (Can CH Everett Forrest Alden). The liver treats on the counter are his favorite! Forrest was 13 months old at the time the photo was taken and is know 19 months. I am a long time member/manager of the MSN Golden Retriever community board.

The photo of Forrest has been copied by many and then shared with others. The original people who copied the photo to share with others knew I was the owner and it would have been nice, courteous and respectful if people had given proper credit for it.

I have a couple of other pics of Forrest with my two other goldens Hunter & Chloe that were taken at the same time as the "praying" photo. I guess people liked the praying one best and didn't bother copying the other two pics that went along with it.

Yes, posting pics on the internet is a gray area however, before you, Mark, altered my pic and added your own website address to it, you knew you did NOT personally take the photo. Unless it is your very own photo, a photo should NEVER be altered or made to look like it is yours! Hypothetically, even if you knew that pic was mine and I agreed to have it posted on your website, I would never have agreed to have your website address on the photo!

You can never be positive that a photo submitted is the property of the person sending it unless you know them personally yourself! Therefore, the pic should not be altered!

I am so thankful for the good and honest people who know that the photo of Forrest is mine and speak up on my behalf when they know proper credit hasn't been given to the righteous owner. A big thank you goes out to you folks! This isn't the first website that I've had to contact ... if not for my friends who have kept me informed me, I'd still be in the dark.

Mark, I can privately email you the two photos that go with the praying photo ... that should be proof that Forrest is mine. If that's not enough, do you care to see other photos of my kitchen? I have many that include my Trio. Better yet still, I will send you the original photo of Forrest before it was enhanced by me with Adobe Photoshop!

If you would like to keep Forrest's photo on your website, I want the current one REMOVED and replaced with a copy I can send you that will have MY signature added! I do not wish you have your website address attached to it in any manner.

Sincerely,

Elizabeth Hudon, Nova Scotia, CANADA
- Owned by 3 wonderful goldens ... Hunter, Chloe & Forrest
- photographer of Forrest's praying photo

[Bendy Kitty]

My photo has been all over the web, the one of me in my lil braces.
I would be thrilled to have your website addy on it, if you want to alter my pict. I am very proud of all the people and pets here. This place has helped so many of both!

I'm sorry to hear someone took a pict as "cruelty." Many people just don't understand which makes this place all that much more special.

Bendy Kitty

[critters]

I felt the same wa when I got them!!

[GabrielDeafBlindPupFamily]

Bendy, I got an email with many amusing photos on it, and yours was one, imagine my surprise, and I had to tell folks I "knew" this precious kitten! It's like knowing a celebrity!