This is shocking but unfortunately true. Our leading dailies make a business out of the photographs clicked by many of us. And they have the audacity to use them without permission , credit or compensation as well, even if they are against the copyright license. One of my pictures got “flicked” from my Flickr stream and got published in a weekly supplement of TOI’s called, “What’s Hot”, dated 18th July’08. I happened to take a look at this supplement quite by chance because it was lying around and I had nothing better to do. I immediately called up the editor of this supplement – a lady called Poonam singh – who said she will look into the issue. I wrote about 3 mails in all, asking for (a very meagre) compensation for the damages done as well as credit. For one, I never got a response in written – but of course that would mean acknowledging the theft. When I called up, I was told that it is common practice to “use” free images from the net! Flabbergasted at the audacity of this all, I clearly asked whether TOI staff was blind or illiterate to not be able to make out the clearly written statement on my flickr stream and my copyright license, both of which stated that my images can NOT be used without my explicit permission – ALL rights reserved. This is plagiarism in its full glory. Not only this, on asking for compensation, Ms. Poonam singh clearly told me that as a next step I could even go to lawyers and that this case will then be forwarded to the legal department of TOI. Huh? Was this a threat? Or a challenge? They actually go ahead, use an image with “all rights reserved” clearly mentioned on my page, have the audacity to state that this happens all the time – the “graphics designer may not know” and that I could go take the legal route?
Well, I clearly understand that it was not the editor herself stealing my image, but some downtrodden employee. But then undoubtedly, Ms. Poonam Singh, who represents the Times of India, is not performing her job of being an editor, if her employees are violating copyrights! Who is responsible for educating employees about copyright violation and the legal ramifications of it? How come the Indian publishing industry takes this so lightly, whereas the Indian IT industry (of which I am a part) takes IPR’s, patents and copyright violations so seriously that they throw out employees who download pirated mp3’s on their machines? I have undergone trainings on ethics a zillion times in my career. We have had several instances of audits, policies stuffed down our throats and what not. Why? Because the Indian IT industry takes this matter seriously. On the other hand, nauseatingly so, the Indian publishing industry takes this as its birthright!
The Indian Copyright Act, 1957; Section 63 – states that copyright infringement, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
The law is on our side, the proof is in our hands and YET victims like us, do not do anything about this. After I shared my story on flickr, I shockingly realised that this practice is so rampant! I now know of many more cases like me, all of us bleeding because our creation has been stolen and used for a commercial purpose and we could do nothing but helplessly watch.
When I asked TOI for compensation, I was told that they will pay what they pay to their own photographers, which is a grand sum of 250 INR. I am tired of using this word repeatedly, but yet again, I was shocked and told the editor to keep this princely sum with herself. I was then offered 1500 INR as a “last offer” since this picture had been taken and used without my permission (such euphemism for THEFT). Just who the hell is TOI to decide compensation for MY piece of work? I do not exactly shout this from the top of trees, but like hell they need to realise a couple of things. That photography is not just a passion with me, it’s also a road to an alternate career for me. That I take it seriously, I spend money in equipment, in attaining knowledge, I spend time, effort and my resources to make a “creation”, which later I SELL. That I am at this juncture of being somewhat known in the Delhi Photography circuit (not just amateur but professional as well). That I co-administer a rather active group of Delhi based photographers, which consists of the likes of Dinesh Khanna and Pablo Bartholomew. That I also sell my prints to well known connoisseurs in the same field. Just how the hell can the Time of India value my piece of work? That’s like stealing my Mercedes and paying me for a Maruti, mind you, only because they happened to get caught red handed? Yes, I am expensive, but did TOI care? They just stole my picture without asking me how costly I am.
I have no idea, how many such images are being used on a daily basis – they could be anyones, but I do know that this nefarious practice is increasing day by day. I also plan to start a “morcha” against this kind of theft. I know of a lot of cases already and if you know of any, please get in touch. All readers of this post, I would request you to please share it widely, so that we can attack this disease as a people and not as an individual. The next stolen picture could be yours. I will certainly take legal action against Time of India. Even if it proves futile, I would not like to be in a state where I am doomed to wonder for the rest of my life – what if.
UPDATE – this issue has been resolved, thanks to all of you for your support. I have received the desired compensation, corrigendum as well as a written apology. I’ll be updating about the details in a separate post.
Cynic in Wonderland – the link you shared is of the reverse case, i.e. when the content of Yahoo is found to be violating copyrights, then that is the procedure to go through.
Saad – they all are equally bad. I know how it feels to be offered cheap money for ur work! Surely we need to do something about it. Look forward to your support.
Krish – please do help publicise it.
Thanks for linking it Shantanu. It sure is double standard.
Curiosity – well curiosity kills :).. so i’ll have to kill you if i tell u.
@twilight:
Sure. Let’s protest 😀
Hmmm… I’ve worked with TOI for a year and decided I had had enough of the place (and I don’t easily leave a place of work). I still freelance for TOI and when it comes to paying, money is too tight to mention! They pay 200 INR for a piece of work that anyone else (even a start up publication) would pay at least 1,200 INR.
Anyway, great that you followed it up at least. Now you know how how does TOI fill its coffers? By not paying original professionals like you!
Most photo editors/ users have become very shameless and steal very boldly from the net. Not realising that there are very bright chances of getting caught with internet network with friends.
Please do not spare them and go full throttle against them.
We all will support you for this.
Wishing you all the best !!!
You people scared me. I am beginner and I use to send flickr and photo.net link for sample images when apply for job in paper / magazines…..
Let’s get together protest and try to amend (if needed) and make strong low to this exploitation
Well, if they want a war then a war is what they will get.
Here is we are starting with…
http://www.dilipmuralidaran.com/2008/09/flickr-copyright-meetup-at-mocha.html
Pingback: Flicking off Flickr at Blogbharti
I came here via a link from Blogbharti, article by Jo. Twilight Fairy, as Jyotsna has already pointed out, I have had my photo stolen. I blogged about it, I complained to the press council, I wrote to the editors, I even wrote to someone I know really well in a senior position at the Hindustan Times. While my friend (who is not in the editorial) said he spoke to the editor himself, nothing has happened. They never responded. What shocked me was the so-called Press Council of India is a sham. The fact that they didn’t reply means that they know what is happening and are turning a blind eye. If the Press Council of India is encouraging its members to steal, why do you think an HT or a TOI will ever bother to respond? They have support from their own “watchdog” bodies!!
I didn’t talk to the editor, because frankly I thought that my blogging about it, it would be better. Shaming them. But I realise that these people have no shame at all.
I do not want to make money from my photos today but I might in the future. And frankly even if one is not making money it doesn’t matter. No one has any right to use my photo and commercially gain from it.
About TOI, they don’t just steal photos, they steal ideas. That is why I stopped free-lancing for them. It’s very difficult to prove that someone published several short pieces of mine without giving me any credit!! They also use the same format which was my idea, and asked others to write on it, without any acknowledgment to me! And I went and met the editor, Carol Andrade, and she spoke sweet words. Nothing happened after that. She actually thought I had come there because I wanted more work, and offered me more assingments!! I murmured a few things politely and then later wrote an email, saying I was not interested. They probably joked about me after I left!! I know how it works, because I used to work in TOI.
I think your idea is good. Have a morcha. On the streets.Get the supporters. But how to get the media to cover it??
Anil – the email id of poonam singh is poonam.singh@timesgroup.com. Also the overall TOI editor (who supposedly remains in background for some mysterious reaason) is jaideep.bose@timesgroup.com .. would writing anything to them help? They will just ignore mails. Unless it’s some olive ridley turtle kinda campaign against tatas! 🙂
Thanks Ambuj – that’s how it should be.
Sheba – legally you dont even need to have a copyright notice, because anything created by you has a default copyright.
Thanks for spreading the word Mridula.
Dinesh – it sure is a cowardly act. And that risk is always there. Between “sharing pictures with a risk” and “not sharing at all”, I chose the former.. but I guess I should keep special prints for exhibitions only..
Ankur – I know.. but i’ll try to persevere for as long as I can, in this sick judicial system of ours.
Sneha – yes I am trying to do that, hope you all will help me spread the word!
Sirensongs – you are at a great risk as well.. there are limited ppl who go to Leh Ladakh side, click pictures and share them.. please spread the word before this practice becomes worse.
Hi,Twilight-came to check this post,after reading about it on Austy’s blog.I guess that serves as a warning for most people who upload their pics on flickr and other photo sites,and even blogs.On one side,I feel that you should carry the fight forward. On the other side,thinking a bit practically,is it all worth it?
I’ll give a link to this post in my next post,definitely.Here’s wishing you luck for the future course of action!Will keep track of further developments.
Whenever I put something on internet, I always put this with understanding that it might get stolen. It is very difficult to control. I am not taking the side of Times of India, or anything, what they have done is wrong in absolute terms, and they should not have done it.
But on other side, most of us also dont follow copyright. We download and distribute music, we used to xerox full books during our college days. Lots of us buy pirated books, so you see, it is like this only.
So best is to accept it.
Sonali – I sure need all the mail id’s I can get! Please do get in touch – twilightfairy at gmail dot com
Sandeep – it really needs to be tackled. The law makers will be obliged to be strict when ppl emphasise on that, please spread the word.
Thanks for doing that report Techgirl
Thanks for linking it Jyotsna – please feel free to spread the word in as many ways possible.
Dhaval – since you freelance, do you think you could get this published somewhere?
Thanks for the support Capt Suresh, please let me know the contact details of any good lawyers that you may know in this area.
Ankur Thatai – if you do that, always mention that pictures can not be used against ur will (although that’s an understood thing).
Dilip – do let me know what happened at that discussion
Thanks for linking blogbharti.
Yeah Nita – I have already been in touch with you over mail. Let’s do this collective action definitely.
@Goli: You’re absolutely right. And it hurts when you’re on the other side (your stuff being stolen). But then again, you have to fight for your stuff too. Just like TOI would be suing another newspaper if they copied whole stories from TOI and published it as their own.
Suppose I open a news blog, where all the “news” is actually just a bot scraping the news from TOI’s site. They’ll be on my case faster than flies on shit.
Ahh sweet revenge. Any takers?
AmitL – it is not about uploading pictures at all.. that is our RIGHT! It’s about people having some sanctity about how they go on using other people’s work.. and this is not just pictures! It can happen to anyone, ur blogpost may be published somewhere without credit.. would you stop blogging then? It can happen anytime.
Goli – I understand where you are coming from.. would I be more deserving of a fair case if I were not dnloading mp3’s or buying pirated books or less deserving if I were? I dont think it’s about that.. also if someone dnloads mp3’s and uses under their name or uses commercially the repercussions are different than from using for personal stuff. BTW recording of music aired on FM is perfectly legal – just an addition to what I know. Again, if someone downloaded my pictures and used as a desktop wallpaper, I would never know of it either. But this is commercial usage. The offending party is earning due to *my* work. That is certainly different in my eyes as well as the eyes of law as well.
@Twilight fairy
I am not taking Times of India site. It is shameful. Even when i put pictures from flickr on my blog, I always take permissions from the picture owners before doing it, because I guess that is how it should be. Because that is fair.
But all I am saying is that the way things are right now there is nothing much that you can do about it.
There’s a difference between an individual making a copy of something for private use and a leading media house profitting from unattributed and unpaid content. It doesn’t have to be ‘like this only’ – fight the suckers.
Twilight,of course it’s our right to upload photos- what I mean is,just like you can’t copy paste from some blogs,even if you press the right click button,I’m sure there’s some software with which photos can also not be copied thusly.At least,we,and,especially professional photographers like you, would feel secure that we did our utmost to ensure that someone didn’t flick them,use them for an article/photofeature and got paid for them to boot.
fcuk TOI.
All those keeping track of this thread – MS. POONAM SINGH – just called up and of course denied having said whatever she said about going legal, putting it on “my understanding”.. Also said, she was waiting for a mail from me explaining “why” the compensation I had asked (which was much different from wat she had offered) and said she was surprised to learn that I was angry! IS she for real? When she gave me the last offer of 1500, I’d told her that I would send a mail to give a breakup of my compensation, but then this is not even about a breakup of that amount. I soon realised that sending a breakup of the amount I had repeatedly asked for, is totally useless. I told her to at least not take moral highground now! She finally got off her high horse, apologised and wanted me to take some few hours off from my work schedule, visit her office since her legal department had a few things to ask. I wonder what is not clear now, a picture of mine was flicked without my permission. Is there any ambiguity at all? I told her to clarify everything to her legal dept on her own. I would not waste anymore time and effort on this than necessary.
Do u really think going to the court will solve ur case .. Mainly how long it will take to get solved ..Good luck buddy in the time frame regard ..
And just a random thought, How much compensation did u ask ?
Lastly , it is true that copying ur photo was a mistake done by TOI ..And a open question to all the people who wrote the comments . Do all of you buy original CDs and listen songs . Or Do all of you buy Original Microsoft XP and use in ur computers . Is this not theft ???..
So better make ur mind adjust to the fact that , anything you keep on net have greater chances of getting copied ..I understand how much tensed you would have been which is no way good for health .
@Krishna: Are you really trying to make some sense or is your expertise just being plain ridiculous?
Going to court will work. Please stop making it sound like going to court is like climbing Mount Everest, its not! Twilight Fairy will go to court if she has to and make TOI pay for it. Criminal cases do not take long for processing. It takes from a few weeks to a few months, so if you are not aware of a realistic time frame, i advise you don’t mouth it off like you know it all, mr. smart guy.
What the hell on earth does some dudes pirating software have to do with someone stealing a work of art from Twilight Fairy’s Flickr Stream? Are you telling me because Indians pirate software we should not sue someone stealing from us? Is that your intelligent arrival or the analysis of this situation?
If you can steal things that is on the net, then going by the same logic i can also rape all the women who walk on the road since they are on the public property, on the road which is visible and available to all. It does not make sense, does it?
Similarly how you cannot abuse women on the road, steal electricity of street lights, rob people on the road, even though they are all on public space you cannot steal things on the internet that which is copyrighted. It takes common sense to understand this, i guess.
If you don’t know shit about copyright laws and cannot help, i advise you shut up and mind your own business and stop spreading your negativity around and make irrelevant comparisons like software piracy and art piracy. You clearly do not have a clue.
Copying the photo was not a MISTAKE. Its a CRIME. Get your facts right before you even speak. It is a criminal offense under Section 420 of the Indian Penal Code for fraudulent use of a work of art and misinformation and misrepresentation. It is a offense under sections 39, 63, 65 under the Indian Copyrights Act, 1957.
Here’s another case of Mainstream Media copying content.
Arch at Rang reports how one of her photographs was stolen by Hindustan Times.
Read it here:
http://rang-thecoloursoflife.blogspot.com/2008/09/think-before-you-upload.html
it is not at all respectful that TOI uses reserved pictures like that
they should stop doing this at once
Why am I not surprised on hearing this about ‘The Slimes of India’ ??
Pingback: Times of India Violating Copyright - india complaints news reviews suggestions discussions
Pingback: A major newspaper steals a blogger’s photograph!! « A wide angle view of India
not only frm flickr they use to flick frm photolibrary as well
with the kind of support that this movement has garnered, I am sure we will show these ‘media barons’ what’s it like plagiarising and taking the web2.0 space as their ctrlC,ctrlV arena
Go get ’em tiger!
Twilight,
here via austere. Ive browsed thru some of your photos before, found quite a few amazing ones. Good luck with this.
It’s only the saddest souls who steal others creations. We should sympathize with these guys. Its so sad whoever has done this. They have no self respect and esteem. When it comes to a commercial purpose I suppose you always need to ask permissions and also need to credit the creator. Maybe you should consider keeping all your images bound by the creative commons agreement. Choose your creative commons agreement carefully.
Cheers!
You must sue them for the damages they have caused to you , Being big doesnot means explotatation to the others.
Stongly put your point and get the justice .
Krishna – please get real. Read the above comments carefully to understand how copyright works. Something being used commercially is anyway different from something used personally. Please read Dilip Muralidharan’s response to you.
It’s the kind of belief that you harbour that actually encourages copyright violation. Anything on the net is NOT for free.
Anil – yes, I am aware about Archana’s case.
Burf – please do help in doing that by blogging about it 🙂
Masale wallah – would you be surprised to know that all leading publications do it?
Thanks for linking Indiabolbol, Nitawriter.
Anoop – please do highlight those cases here.. its never too late to demand rightful compensation and credit.
Rahul – let’s hope we are able to indeed TEACH INDIA.
Thanks mystic rose.
Abid – I am sure you mean well, but please do read the post carefully. The creation was under the “all rights reserved” license.
Liya – am on that path.. let’s see how it goes.
Yes I do mean well. 😉
One more example. A lady called Meeta K. from Germany had a her photo and her text stolen by the Times of India. She has written about it here:
http://whatsforlunchhoney.blogspot.com/2008/07/open-letter-to-times-of-india.html
They also cropped her picture to obscure her watermarks and copyright notice!!! Isn’t this shocking!! And as you can guess, the editors have not bothered to reply to her!
One of my pics got flicked by PagalGuy – a website for MBA and CAT preps.
I posted an entry on my blog regarding this issue and the writer got back. His comments are worth a read 😀
http://hridayramshenoy.wordpress.com/2008/09/09/honoredorbelittled/
i wonder if these people feel any shame.. that they have no talent of their own…’ their photographers’ huh!!! im sure they must be worth rs 250..tthat waht they pay them to hunt for fotos they can steal…
fight on!!!
regards..
It is a shame, no one wants to do the creative work , albiet all want to take the glory… and cheating is a sure shot way.
Guess if rival newspapers take this story or better if the TV news persons take it up, how about INDIATV ?
Let us shoot this to the print & TV media – i know that they are all in the same boat , but then they are just like animals ~ clamoring over each other for pay dirt.
All this will continue if we do not come together and do something about it…..
things do not change until a big fuss is made about it…get that right.
and there is no point in doing something alone….u need to have a good crowd with u(which seems to be the case) as i can see in the comments…there are so many others who have gone through this…all need to get together and take it forward….
let me know if anyone is planning to arrange something where all of us can get together and finalise something…i will surely be there…
only commenting on the respective pics saying”this is bad” is not going to help anyone…
why dont people realise that this can happen to them tomorrow…all people do is post comments and forget..i seriosly feel like slapping such people..
I am totally for this and i quite agree to what dilip says…please let me know what is planned and if at all u need help..
iv been through archanas and umesh(one of my friends from p@p)cases and few other cases and it is time we all get together..here’s my number for ur ref:+919890775597
What we can do is send flickrmail to all the people who commented on flickr and get them going…
sorry if i said too much..i feel very very frustated when things like these happen..
Thanks for sharing Nita – I have been in touch with Meeta as well along with you.
Hriday – he should have definitely taken your permission even before linking to your pic.
Sanjukta – yes, the fight is on :).. almost over.
Vijay Singh – media doesnt attack media. Been there, done that. However I have shared this with them, so that they are at least aware of what’s happening.
Sahil – 🙂 .. nothing wrong with saying all this.. we definitely need a movement. My case is almost closed now. I’ll be updating about that in a separate blogpost. However, I would certainly like to initiate a central entity which can take over all such cases and make ppl aware of their rights.
Folks – all those subscribed to this comment thread, I have had some talks with TOI. I’ll be updating this post soon with the outcome.
Apart from that I would definitely like to do something like forming a group which would take upon itself to generate buzz whenever such a thing happens and makes photosharers aware of their rights. Say NO to plagiarism!
Will look forward to it. Hope good things happened.
There are several others who deserve to be compensated but cannot fight due to reasons unknown..it is for them that a movement needs to be started…please keep me updated if u initiate it..have added u on flickr..
hope u got the compensation u deserved..and things are well at ur end.
Look forward to the update…
thanx.
Would you like to tell people about it through Delhidekho.com ?
you can mail us on the id provided or use the contact us form on our website
We can help in making more people aware about such incidences
There are two things I have as suggestions. One post the same article in TOI i.e. without the name of the company. Second you should take the legal route. Consult a lawyer and get compensation. If once this happens I am sure the practice will slowly die out. Taking out morcha’s and writing on blogs helps but too much. But when they are slapped with compensation, they would be careful in future.