We have returned home, and I can update everyone on the instance of copyright infringement that I discovered on Facebook this morning. That discovery led to several others with the same image on ZenFolio.
Before I begin, please note that there are probably gazillions of people named Pam Parker. The one to whom we are referring is the one whose name appears in many of the screen shots in this blog and should not in any manner be confused with anyone else with the same name!
As I was downloading images from this morning’s shoot during our workshop, I checked to see what comments had been posted on our Facebook page. I noticed the latest entry that I had just posted had three Likes, so I clicked to see who was interested in our posts.
Imagine my shock and surprise when I instantly recognized one of Arnie’s photographs used as an avatar by a Pam Parker.
Not wanting to falsely accuse someone, I double checked our files.
I did a screen shot also of Arnie’s metadata, along with targeted sections of same.
It was interesting when I tried to invite this particular Pam Parker to be my friend. I figured I might see if she had any more of our photographs posted, and I could write her to remove the photograph as her avatar. I was not able to do so.
“Hmmm,” I thought. “Let’s compare her avatar to the thumbnail of the image in our mini-gallery.” (There is a reason it is not a full-size gallery). So I went to our Facebook page where I knew the photo was listed.
Doesn’t it look exactly like the one the Pam Parker in question used as her avatar? Look at the folds of sand. Check out the shadow below. When you mouse over the image, you will see Arnie’s copyright information, clear as a bell, no room for fudging and saying, “I didn’t know.”
If you click on the image, this is what you get.
Note the copyright information below the image.
And we own the starfish that we use as a prop in some of our workshops! I’d like to see this Pam Parker come up with that!
Since I could not contact her, I Googled her and found she had a presence on Zenfolio.com. I checked out her gallery, and this is what I found.
Note the copyright information in the lower right of the last screen shot. Not only that, but note the copyright symbol on the image itself!
So, Arnie and I wrote not only this Pam Parker through the e-mail on Zenfolio, but to Zenfolio as well. The message to Zenfolio, which copied the one to Pam Parker reads:
Copyright Infringement by Pam Parker on Zenfolio
This is the message I have sent to Pam Parker on your site. She is selling one of my copyrighted images without my permission.
The message is:
- Pam,
You have published my image as yours and as an image you are selling on your Zenfolio website.
Please note that this image is copyrighted by me, and you have no authorization to use it in any way, shape or manner.
The image must be immediately removed from both Facebook and your website, and you must report to me all income you have earned thus far from the image, as those revenues are mine, not yours.
If you do not do this immediately, we will take you to court, as this is a clear case of copyright infringement.
I have notified Zenfolio, too.
Sincerely,
Arnold Zann
I have screen shots I can send you that prove that this image is mine. I need to know from you just how much money Pam has made from my photograph. I would prefer not to press charges.
I have screen captures of all her infringements and proof of my ownership and creation of the photograph in question.
Pam Parker even has the audacity to put the copyright symbol on the image as though it was hers.
This is totally unacceptable!
Regards,
Arnold Zann
To Zenfolio’s credit, they responded right away, so by the time we arrived home, Arnie had a message from them asking for the instance as well as for our proof that the image is Arnie’s. We did so right away with many of the screen shots you see here. We’ll see what happens from here, as when we wrote back, we asked how they reprimand those who are copyright infringers.
We also filed an automated DMCA form to report the copyright infringement according to Facebook’s instructions. We have not heard back from them yet.
Copyright infringement is a Federal offense. The way we photographers can stop it is to share and pass the word. That sends out a message to would-be infringers that this is neither the honorable nor legal way to go.
To be continued …
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Posted earlier on Barefoot Contessa Facebook comments:
As of 8:00 AM this morning, the photo page is no longer available according to zenfolio. Zenfolio is being rather slow this morning, so not sure if any more of her site has been taken down.
Finally made it through to her home page and it is empty of photos. All her recent shoots are now password protected. Way to go Margo. I hope you, at least, get an apology from the photographer and Zenfolio.
Also noticed a couple minutes ago the Facebook page has been changed to under construction for PamelaParkerphotography.com
Thanks, John, for the update. If she were innocent, why would she need to password protect the images? Interesting, and something I will pass along to Zenfolio.
The blog will chronical this as it goes forward.
We appreciate your support.
Take care,
TBC
I feel sick right now…. I wish someone would have just contacted me sooner… Please know I don’t allow sales of photos other than my own on my site…. I have to approve the tranactions, so at least that much is safe.
Pam,
With all due respect, I contacted you as soon as we found the infringement yesterday morning. I tried to contact you by Facebook, but you had that blocked, and I could not.
On one hand, in the previous message, you say your site is a co-op, and here you say you have to approve the transactions. The copyright notice on the photograph could have in no way matched the person who submitted. How can you approve a transaction where this is the case. Arnie and I certainly don’t understand. That site has your name on it. This is not rocket science.
The law states, in part:
A copyright infringement is subject to criminal prosecution if infringement is willful and for purposes of commercial advantage or private financial gain. 17 U.S.C. 506(a). If the offense consists of the reproduction or distribution, during any 180-day period, of 10 or more copies having a retail value of more than $2,500, the offense is a felony; otherwise, the offense is a misdemeanor. 18 U.S.C. 2319
In this case, the upload was willful, as someone put it up on your Zenfolio site, knowing full well it was not theirs, and it was for purposes of commercial advantage. We’ll see if there have been any reproductions.
You put it up as your avatar, know the image was not yours. What more can I say?
Margo Pinkerton
As explained, the site is a co-op and I did not realize the photo was stolen…. I have removed it from my site and deleted access for the co-op until this is resolved. This makes me look bad to all of my clients.
Pam Parker,
I need to know who put it on your site, and I need to know what monies have been earned from it.
When I looked at the page with Arnie’s photo on it, I saw nothing about the site being a co-op. And what about your avatar on Facebook? That was not your image to use!
You can expect an invoice from us for unauthorized use, but I am waiting to hear back from Zenfolio and Facebook first.
Margo Pinkerton for my husband, Arnold “Arnie” Zann
I hope you will post about the action Zenfolio takes, and what response you might get from Pam Barker if any. I know on Flickr, reports and proof of copyright infringement don’t always result in the a terminated account for the offending party.
Someone told me there is tracking software that you know who downloads an image. I don’t know if that is true. But glad you have shared all of this.
I went to her site and privately chastised her for what she has done. It’s a shame that she doesn’t have enough confidence in her own work that she has to claim the work of others. Hopefully she will see the light quickly.
Thanks, Dave. We appreciate that. You know how rabid we are about copyright issues.
Take care,
TBC
Thanks for sharing this information. It’s really sad to see how far some people will go to make a buck!
Hopefully you get this resolved quickly.
Michael,
Thank you for your words of support. I hope it gets resolved quickly, too. As of this writing, we have heard nothing from the infringer, and at last check, she had not removed Arnie’s image.
Take care,
TBC