Kynly-photo In reply to organblower [2011-05-14 08:21:44 +0000 UTC]

I've found my stuff on a few sites now. I'm debating moving someplace more secure, or just a personal site.

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organblower In reply to Kynly-photo [2011-05-14 13:05:38 +0000 UTC]

I'm sorry to hear that. Somehow it doesn't surprise me. If I faved them they were damned good. If I remember, yours were the best of the best. Couldn't you just put the dA mark on them? Would people still rip them off? I don't know because I haven't shot anything good enough to be stolen yet. I've been writing a homoerotic story which has used up all my creative juices lol

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Kynly-photo In reply to organblower [2011-05-16 18:58:45 +0000 UTC]

I hate that watermark, it covers the entire picture. Less intrusive watermarks people just crop off.

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barefootliam In reply to Kynly-photo [2012-02-28 20:09:35 +0000 UTC]

You have to accept that people will copy the pics. Put an unobtrusive URL on the corner and most people will leave it there and it's marketing. Do a google "similar image" search once a month and send dmca take-down notices. It's the price of beauty, alas

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barefootliam In reply to inspiredcreativity [2012-02-28 20:16:50 +0000 UTC]

inspiredcreativity, this isn't strictly true; you do not need to use the copyright sign, and images and other works are automatically covered by copyright even in the USA. It used not to be true, until the US ratified the copyright treaties. The Berne and Vienna treaties do not require the use of copyright marks in this way. Indeed, many printed books put the credits in an acknowledgement page at the end.

It may be true that it can help demonstrate the image is yours if it comes to court, for which purpose people used to send themselves printed copies of works by registered mail in sealed envelopes.

There _is_ a difference in the size of damages you can claim in the US, but if your images are published and freely available on the Web it can be hard to demonstrate significant monetary loss.

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inspiredcreativity In reply to barefootliam [2012-02-29 01:05:03 +0000 UTC]

Hi,

Although photographs are protected under U. S. Copyright laws, under the Berne Convention [link] from the moment they are created and no copyright notice is required under U. S. law, there are benefits to posting copyright notices on your photographs.

According to the U. S.Copyright Office website:

“(Notice of copyright) informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant’s interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.”

Proper placement of the notice of copyright should contain three elements.

1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”
2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article;
3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner. Example: © 2009 John Doe

. . . . . . . . . . . . . . . . . . . . . . .

CRIMINAL OFFENSE
If someone steals your image and removes the copyright, which is relatively easy to do, it then becomes a criminal offense. It is simply an added layer of protection. If there is no copyright signature, a person only need claim they never knew it was copyrighted.

I was told all of this by an attorney after one of my works got ripped-off. I could not ask the District Attorney nor US States Attorney to file charges for the offense, because I never put a copyright signature on the image itself. It was explained that placing the copyright on the web page, under the image, is not good enough, because it is not transportable with the image. In other words, if the image duplicated from the web page, then used elsewhere, the copyright notice did not go with it, and people might assume it is copyright free.

Unless you attribute a Creative Commons license [link] to a photo, no one is allowed to reproduce it without your express permission. They cannot display it publicly, prepare derivatives of it, or distribute it to the public for sale, rental or lending.

If you have a history of sales to show historical values of your work, value of stolen, work is actually relatively easy to prove. Then if any money was made from the theft, such as selling adaptations or copies, or sold for use on in a magazine, then this can show monetary losses up to that point. If it is used on a web page design or on display, it is harder to show loss.

But you are right that if you otherwise do not have a history of sales of your work, and the thief did not make any money from use of the work, then monetary losses are hard to prove. I have seen an artist use going rates for his type of image, from the Getty Images [link] (Rights Management Site).

Since monetary damages are hard to collect and maybe costly to collect, this is why it is even more important go after pirates criminally, for which you need a copyright signature placed on the work.

For some of us, an image/art work can be of significant commercial value. I do not post much of any of my work on DA. Alas, I also have a problem that much of my work was done before sales and commissions contracts saw the need (no internet or no sites like DA) to allow publication of small low res copies of your work. Therefore, to even post a likeness of those works on DA, I must obtain written permission from those I sold the work to, and those who commissioned work from me, according to my attorney.

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barefootliam In reply to inspiredcreativity [2012-02-29 23:47:15 +0000 UTC]

Thanks for a long and detailed reply. I think we're actually not disagreeing with one another really - no copyright needed for copyright, notice needed for criminal action if you're an American in the USA.

Agree also it can be significant value (my husband/partner is a professional artist).

You do not _necessarily_ need permission to post copies, depending on the contract, of course. But that's down to contract law, not copyright - you still own the copyright on everything except work-for-hire or (in some cases) government work; here in Canada you also cannot waive your moral rights.

It will be interesting to see if google's new similar-image search (drag an image to the google search bar) has a significant impact on policing copyright.

Several of us wish the early Web browsers had not allowed cross-linking of images directly, and although it's too late to stop that altogether, things _are_ improving in that area.

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inspiredcreativity In reply to barefootliam [2012-03-02 15:29:31 +0000 UTC]

Hi,

Congrats on the artist partner.

If we have a work of significant value, in the USA it is actually worth registering it with the copyright Office. This then adds the weight of the US Government behind a copyright infringement. But it costs money and you have to do an online form, etc, so it is only worth doing on the better more expensive works.

When we create art work, we can Rights Manage it, or sell the work and copyright rights, or sell the work and retain copyright rights. Obviously a sale involving the sale of both the work and the copyright will yield the most upfront purchase price. In my case, the corporations, like Epson, I sold work to for advertising insisted on purchasing the work and the copyright, or not at all. On something like an Oil painting, it makes much more sense to try to retain the copyright and sell just the original work, and this way you can sell lithographic copies, etc.

In some of my work, I purchased rights managed photos. One time I purchased use of a photo that had unlimited use, while the owner still retained copyright. There are tons of options in rights management. For example, I used a photo and was charged based on the fact that it was being used on a book cover with a certain expected circulation after printing. If it was to be used on in a magazine, there would be a different charge, or for web page, etc. It gets really complicated. It really needs simplification, because you need to be a lawyer just to read all the limitation, which can go on for pages, and can severely limit how you use the image you purchased use of.

Sites like Getty are trying to simplify some by using broad categories to base price on, but many artists opt out and you have to literally negotiate for a few days just to get an image. It has to hurt the artist, because I just skipped those images.

I am expecting another jump in technology to help protect against piracy. Digimarc just did not take off, as it is claimed it does cause some distortion in images, and you had to have the right plug-ins or software to even see if it was present. It has to be something embedded throughout the image, incase the image is chopped.

I am left scratching my head when an artist is talking about downloading a bunch of music for free, basically ripping off other artists, then complains when his worked is ripped-off.

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barefootliam In reply to inspiredcreativity [2012-03-03 02:59:00 +0000 UTC]

I am left scratching my head when an artist is talking about downloading a bunch of music for free, basically ripping off other artists, then complains when his worked is ripped-off.

Yes, that's pretty odd.

I do have stock images for sale, and have worked with people from Time Magazine to the discovery Channel, the BBC, occult book publishers, many more. I'm not in the USA though. Thanks for replying.

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inspiredcreativity In reply to barefootliam [2012-03-04 17:00:56 +0000 UTC]

Congratulations on your success.

I had to sell my business, Sandpiper Graphics, because the arthritis that started developing in me at around age 12 eventually completely disabled me. I maintain a couple old client catalogs and such, but that's it. I devoted what's left of my life to Volunteer Peer Counseling to LGBTQ Youth. I got training in it from the University of Washington some 22 years ago. Keeps me busy and out of trouble. I had done metal art for 17 years, as I went to sea on Merchant Ships, then retired at age 34. I got Photoshop 1 in 1990, then later Pagemaker (which became InDesign) and started my own Graphic Design company, pushing people to give a digital workflow a shot.

It has been astounding the leaps and bounds I have seen in the software and hardware since those first days. It has been fantastic to watch how creative and imaginative artists have been with each jump in technology, constantly pushing the bounds.

I hope you continue to do well. It has been a pleasure,

Matthew

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barefootliam In reply to inspiredcreativity [2012-03-05 23:38:11 +0000 UTC]

Thanks for replying. Much kudos for working with lgbtq youth, I run a support channel on IRC for Queer folks of all ages.

Liam

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inspiredcreativity In reply to barefootliam [2012-03-06 02:26:37 +0000 UTC]

Hi Liam, I love to hear about those working to help people in our community, and thank you for what you do.

I started counseling adult Gays, Lesbians and Bisexuals, back when it was all face-to-face counseling. Then I also started working with some Street Youth. I then worked with mostly senior Gay men. When I became homebound, I had to do my counseling on the internet. Youth seem much more comfortable with counseling via internet, and they are the ones typically contacting me for help, although not exclusively so.

The most common issue I see, other than depression, are youth and young adults confused about their sexual orientation. If you see this also, this deviation may be of some help:
Are You Straight, Gay, or Bi? [link]

Another common issue I see are those who face problems reconciling their Christian Faith with their Homosexuality. You might find the following helpful for those who are struggling with this problem:
New Testament + Homosexuality [link]
Old Testament + Homosexuality [link]
SODOM DESTROYED ON 6-29-3129BC [link]

You might find some of these helpful too:

CELEBRATION of GAY PRIDE [link]

The Science of Homosexuality [link]
The Science of GAYDAR [link]

The Faces of Teen Suicide [link]

History of The Pink Triangle [link]
The Torture Of Homosexuals - 1950s to 1980s [link]

TWO SPIRIT: GBLT INDIAN NATION [link]
Rainbow Crow [link]

Street Kids Need Help [link]
GBLT YOUTH_GBLT HOMELESS YOUTH [link]

HIV AIDS Immunity [link]
IRAN EXECUTES 2 GAY TEENAGERS [link]

Matt

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barefootliam In reply to inspiredcreativity [2012-03-06 18:11:22 +0000 UTC]

Thank you, a lot of links there.

We do get some of those questions - a lot about being trans, which we can usually answer. I like that you include the two-spirited link.

I'll try to look through those pages in the next few days, I'm away on business in Germany this week, coming home tomorrow.

Liam

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inspiredcreativity In reply to barefootliam [2012-03-07 00:18:50 +0000 UTC]

Hi Liam,

Feel no need to respond. You must be very busy.

TRANSGENDER

Something that many do not understand about Transgender is that a Transgender can be anywhere on the Straight to Bisexual to Homosexual spectrum.

When in the womb, the brain of a fetus starts to sex-out first, followed later by the body. Sometimes the fetus experiences a drastic hormonal change, which causes the body to sex-out as the opposite gender as the brain (this is obviously oversimplified).

When this happens, remember that the brain can be anywhere on the Sexual Orientation spectrum, for Straight, to Bi, to Gay.

As you know, we always identify a Transgender based on desired gender, the gender of the brain, not the body.

A Male to Female Transgender who is attracted to men is actually Straight. She has a female brain which is attracted to men, and she is therefore Straight, even though her body is male.

A Male to Female Transgender who is attracted to women is actually Lesbian. She has a female brain which is attracted to women, and she is therefore Lesbian, even though her body is male.

A Female to Male Transgender who is attracted to men is actually Gay. He has a male brain which is attracted to men, and he is therefore Gay, even though his body is female.

A Female to Male Transgender who is attracted to women is actually Straight. He has a male brain which is attracted to women, and he is therefore Straight, even though his body is female.

The one thing we see common in those who are Transgender, is that they feel like an alien in their own body, typically from a very young age, and will want to associate themselves with the gender opposite their own body. Of all the different sexual minorities, this is the hardest ones to live with, until they can get sex-reassignment hormonal treatments and surgery.

Transgender youth is especially in danger of depression and suicide, since they look forward and see decades of waiting. The timing of hormonal treatment to surgery is critical. If hormones are taken too soon or too late, in relation to the surgical date, it can be very dangerous and see negative outcomes. Some become so desperate around waiting that they will do anything to earn enough money, such as prostitution, dealing, etc. Some start hormones as soon as they can afford it. Other go to Thailand or Mexico, where you have to depend on luck, as some are excellent surgeons and some butchers.

The solution is that we must allow Transgender surgery to be paid for as a necessary surgery.

Sadly, there is a real horror going on in Iran, which now performs more Transgender surgeries than anywhere else in the world, only they are forced. It is the final solution to Iran's Homosexual problems, which is why they claim they do not have any homosexuals. Gay men are forced to have surgery to become a woman, and Lesbians are forced to become men. It is an abomination to do this to Gay and Lesbian people against their will.

There are many THIRD GENDERS in the World: Native American cultures: Now collectively called Two-Spirits (see TWO SPIRIT: GBLT INDIAN NATION [link] for Tribal names).
India: kothi or koti, and hijras; Local equivalents include durani (Kolkata), menaka (Cochin)
Nepal: meti
Pakistan: zenana
Thailand: Kathoey or katoey
Philippines: baklà
Samoan culture: Fa'afafine
Tonga: fakaleiti
Hawaii: mahu wahine
Tahiti: mahu vahine
New Zealand Māori: whakawahine
Cook Islands Māori: akava'ine
Oman: Xanith or khanith
Southern Ethiopia: Ashtime of Maale culture
Kenya: Mashoga of Swahili-speaking areas of the Kenyan coast, particularly Mombasa
Democratic Republic of the Congo: Mangaiko among the Mbo people
Southern Mexico: Muxe,
Travestis of Latin America
The third Gender was also very common in the ancient world. Christians and Muslims did their very best to destroy all forms of Third Gender cultures they found and they were very effective at it. It was seen in Mesopotamian culture, Indic culture, Mediterranean culture, Siberia, Israel, The Americas: the INCAS, the Illiniwek.
Afghanistan and parts of Pakistan: the Bacha Bazi (Boy Play), a 500 year custom of kidnapping or purchasing 11-year-old boys, trained to dance seductively as a woman, then used for sex against their will.The word kothi(or koti) is common across India and are often distinguished from hijras. Kothis are regarded as feminine men or boys who take a feminine role in sex with men, but do not live in the kind of intentional communities that hijras usually live in. Additionally, not all kothis have undergone initiation rites or the body modification steps to become a hijra. Local equivalents include durani (Kolkata), menaka (Cochin), meti (Nepal), and zenana (Pakistan).

Kathoey or katoey is a male-to-female transgender person or an effeminate gay male in Thailand. Related phrases include sao (or phuying) praphet song ("a second kind of woman"), or phet thi sam ("third gender"). It is most often rendered as ladyboy in English conversation with Thais and this latter expression has become popular across South East Asia except in the Philippines where the term bakla is often used.

In the Philippines, a baklà(bɑklɑ̆) is a male-bodied person who is exclusively attracted to men. Baklas are often considered a third gender, and many (but not all) baklas display feminine mannerisms and dress as women. Some actually identify as women. In the Philippines, unlike in many Western countries, almost all transsexuals consider themselves to be gay, and so they often call themselves by the English word "ladyboy" because it indicates a distinction which is not made by the Tagalog words. Baklas are socially and economically integrated into Filipino society, and are considered an important part of society[citation needed]. The stereotype of a bakla is a parlorista, a cross-dresser who works in a beauty salon. Some Filipinos disapprove of baklas, usually for religious reasons.

The Pacific Island communities, such as Samoan culture, Fa'afafine are considered a third gender. Fa'afafine are biological males who have a strong feminine gender orientation, and although they usually have sex with men, some have sex with women. It is taboo among the fa'afafine to have sex with another fa'afafine.

Southern Mexico: Muxe, In many Zapotec communities, third gender roles are often apparent. The muxe are described as a third gender; biologically male but with feminine characteristics. They are not considered be homosexuals, rather they are just another gender. Some will marry women and have families, others will form relationships with men. Although it is recognized that these individuals have the bodies of men, they perform gender in a different manner than men, it is not a masculine persona but neither is it a feminine persona that they perform but, in general, a combination of the two. Prominent men who are rumored to be homosexual and did not adopt the muxe identity are spoken of pejoratively, suggesting that muxe gender role is more acceptable in the community.

Travestis of Latin America have been described as a third gender, although not all see themselves this way. Don Kulick described the gendered world of travestis in urban Brazil as having has two categories: "men" and "not men", with women, homosexuals and travestis belonging to the latter category.

A DISGUSTING PRACTICE: In Afghanistan and parts of Pakistan, there are the Bacha Bazi (Boy Play), a horrible custom going back some 500 years, where boys of about 11-years-old are kidnapped or purchased, taught to dance seductively in front of large and small audiences of men, then used for sex, then discarded when a beard first appears on their face, after which society rejects them.

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barefootliam In reply to inspiredcreativity [2012-03-08 04:57:25 +0000 UTC]

Thanks!!. Much of the international stuff there is new to me. My life-partner is trans.

Just got back from Germany. Yes, very busy this year.

Liam

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inspiredcreativity In reply to barefootliam [2012-03-08 10:32:45 +0000 UTC]

I guess I didn't need to type all of that about Transgender, as you must already know it. Congrats again on your partner. It is wonderful to hear about a Trans person finding long-term love. I wish you both all the very best that Life and love can bring you.

Would it be Ok for me to point Trans youth in your direction?

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barefootliam In reply to inspiredcreativity [2012-03-10 00:46:04 +0000 UTC]

It's fine to point people in my direction actually the long message you typed has helped encourage me to put some web resources together, except I'm a bit maxed out this month with writing. But I'll leave it in my in-box here for a while and get to it, thank you!

The single sentence oversimplification I use is that a trans person is a woman with a male body, or a man with a female body, and this is usually enough to get people thinking and even though trans people don't all agree with it as a definition it does get the point across that it's not about desire or fetish but about biology.

Liam

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