Even schools don't care about copyright
Copyrighted content still live on website after 6 months and 11 reminders.
If you've been following my writings here on Pixiq and elsewhere, you'll have noticed that I have a bit of a bee under my bonnet about copyright. I've written articles about how infringing on my copyright harms me, and how me having an RSS feed here on Pixiq isn't an excuse to nick my articles.
It's something I'm passionate about, but obviously, it goes beyond that, too: I'm hoping that in the middle of all of this ranting and raving, that my fellow photographers learn something, and that the people who are infringing on copyright understand what the big deal is.
It was a dark and stormy night...
Rewind, for a moment, if you would, back to March 7th 2011. I am alerted by a piece of software I have written that there is a possible copyright infringement, and consequentially, I find a website kept by a teacher at a secondary school in Canada.
On his site, he has pasted a PDF for a photography club final assignment. Whilst I do think that was very good idea, he also copied a whole article from my site. Namely: Giving a Good Photo Critique. Whilst I'm flattered that he thinks it's a good article, I can't help but wonder: Since this is posted to a website, presumably the students have access to the internet, so just a link would suffice, right?
So, 160-something days ago, I send an e-mail to the school, including an invoice for them to pay, for unauthorised use of my content. I also sent the e-mail as a telefax, because I'm aware that e-mails sometimes get lost in school bureaucracies.
What did I expect to happen?
Following my e-mail and fax, I expected them to get back to me and apologise for using my content by mistake, and pleading with me over low school budgets etc, and a promise that it would never happen again.
In return, I would tell them that I thought copyright infringement by a secondary school is a serious matter. And then I would probably not enforce the invoice, because ultimately, any secondary school that has a photography club sounds like they are the good guys, right?
Well, it appears that isn't the case; Instead of getting a response, a whole lot of nothing happened.
A skipping record?
So, on April 9th, I sent another e-mail, this time including the principal, the teacher who copied the content, and the general information e-mail address for the school. The e-mail was met with a wall of deafening silence.
On 21 April, I sent another e-mail, this time to all of the above plus the Vice Principal, the two acting vice principals, and the person who is listed as the Accounts support staff person. Again, no reply whatsoever.
So, on May 10th, I sent them a letter (for the attention of the principal), pointing out the multiple times I had tried to contact them by e-mail, letter, and fax, which, again, was ignored.
On June 29th, I sent them yet another letter (again, with a copy by telefax), including the statement that "I trust that the lack of communication from yourselves is an oversight, and not an indication that [the school] is failing to take copyright seriously."
However, it doesn't seem that this particular secondary school gives a monkey's banana about copyright infringements: Even after sending three letters, four e-mails, and four faxes, all of which were addressed to the teacher in question and four different principals, I have heard exactly nothing back. Not a peep of apology, not a single query about my invoice, and no attempt to take the content down - it's been nearly half a year, but the PDF file in question is still on the website.
What is the message this sends to the kids?
On their own website, the school's principal writes that the school is all about Responsibility and Respect. However, I would say that not responding to eleven separate attempts to make the school aware of a copyright infringement doesn't particularly scream "respect" or, indeed, "responsibility" to me.
So, by not taking responsibility and acting in a simple matter of copyright infringement, what is the message the school is sending to their more than 1,000 students? That copyright isn't worth caring about, perhaps? Or that you don't have to deal with an issue when it crops up? Or maybe that if you ignore a problem for long enough, that it'll eventually go away?
I don't know; but I do know that I'm rather deeply unimpressed. I've already discovered that the police doesn't understand copyright, and now it turns out that schools don't really care that much either.
No wonder that a lot of us who are making a living by creating - whether it's photography or the written word - are struggling.
Finally - closure.
Soon after this article went live, the school's new principal called me, and we exchanged some e-mails. I also received an e-mail from the teacher who originally posted the material. He says he passed the invoice and complaint on, and assumed that somebody else had dealt with it, citing that the school is 'very busy' and that dealing with my complaint was 'not a high priority'.
Nonetheless, on September 12th, the school paid my invoice, and concluded the matter to everybody's satisfaction.
Just goes to show that sometimes, a little bit of public peer pressure is what it takes to be listened to.
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Comments
Whilst I've always admired your commitment to copyright issues, and the rights of photographers in general, I think you might be mistaken here (or at least they have a case) - there are fairly clear exemptions for schools in copyright law:
http://home.earthlink.net/~cnew/research.htm
As this is for educational purposes, I don't think you have much of a claim. They have used the entire article, which might be suspect. It's still ridiculous that they haven't been in touch with you though, even if it is to plead their case. One would expect better from a high school.
EDIT: made some clarifications
I would normally agree with you Rowan, but I'm not completely convinced this applies here. If you take a look at the link you posted and scroll down to where it says "Fair Use Chart for Teachers", it specifies that for a "Web article", it specifies "Excerpts up to 1,000 words or 10% of work, whichever is less."
In addition, there's a quirk in this one: It wasn't used 'for education only' - it was posted on a publicly available website, where approximately 2bn people can access the information.
If the teacher had simply either printed out my article, or posted it on an intranet site that wouldn't have been available to the internet at large, I wouldn't ever have had a chance to find out, and I wouldn't be competing against my own content in the search engines.
It's not the "use for education" I have such a problem with (Hell, anything to get kids more excited about photography), but the fact that it was posted to a website without my consent.
You're right, of course. I admit I didn't see the bit about 10%, which is sort of damning for them. I'm not sure that arguing that the website the teacher used was publicly available will get you very far - there are other elements of this situation which will get them in more trouble. Anyway, my original point was that they might argue that they have a case. I still think they've acted badly though - ignoring any email for 6 months is pretty arsehole-ish.
I'll grant you the volume of lifted verbiage is out of line, and that the school is, therefore, in the wrong.
Regarding education, though, not all education takes place in the confines of a school, and, I would wager that the amount of education that does take place in those confines is in the minority. If I write a how-to, and post it on my web site, guess what? It's for educational purposes. Hell, even Pixiq itself is largely educational in nature. Otherwise, why would we be reading articles here about how to improve our techniques?
I see where you're coming from here, but Pixiq is a commercial site, ultimately, and they are paying me for me to have my articles on here.
I have absolutely no problem with people reading my articles on Pixiq - in fact, I warmly recommend it, and I encourage that behaviour as vigorously as I can. However, every person who copies content to a different location is, in practice, breaking the law (copyright) and costing me money (every pageview that /isn't/ on Pixiq is lost revenue to me).
I do make my articles available to a world-wide audience for educational purposes precisely so people do not have to copy it elsewhere or distribute it further. The people who /do/ do that are known as 'publishers', and they get to pay for the privilege.
As I said; if he had printed off the articles, I wouldn't ever have known about it, and if the purpose of the printed articles was to teach high schoolers, then I'd be proud and happy to help.
I won't defend the teacher because not responding to multiple letters is rude. And as a photographer I share your passion for copyright.
However as someone married to an educator I can explain some of the actions on their part. Not defend, just explain.
As a teacher, you are responsible to the parents & community for safeguarding the students. This includes the information that is presented to them. My wife keeps information on her own website instead of linking because she can control the content on that website and insure its appropriate for children. By linking, you have no control over what future changes will occur on a remote webpage. Even if its child appropriate today it may not be tomorrow. That said I don't think any public middle school teacher would link to Pixiq because of the articles & photos about nude photography at the bottom of many articles. I don't have an issue with this content but I doubt any teacher would risk their job by linking here.
In the school district near where I live they have stopped handing out paper copies of extra material because the schools don't have funds for student hand-outs. And the associated photocopier maintenance. Students are often given URL's where their homework is posted and they are expected to retrieve it from the website.
Does this justify infringement? Absolutely not. I've done my bit to explain to those teachers I can about copyright. But it does give you some insight into their situation.
I'm ignorant on Canadian copyright laws but I do know they differ from those in the US. Do you know if this constitutes infringement there?
I'm a library media specialist who has worked over the past decade in public and private schools, trying to educate teachers and students about the necessity of proper copyright matters. This is clearly a violation of your copyright, and should you wish or manage to take things to court, you would win.
The thing that I don't understand--and why my fellow adult travelers in the world of education don't appear to understand--is that an affair like this is really such a simple matter. If the teacher had simply sent you a courteous letter to inform you of his desire to use your article, you may have given him full allowance. All he would have had to do is include a "reprinted with the author's permission" or such.
I've written letters to Disney and all number of big and small name publishers over the years. It's been wonderful to see the support and generous permissions I've received to view, reprint, or post. Not everyone is as generous, and when they're not, I comply. Basic courtesy and respect is what could make the world go around. Continue to stand firm. It's what's right.
Contact their ISP and send them a copyright takedown notice - I don't know Canada's procedure for it. Also a nasty lawyer-gram would probably be more effective than your contacts. I don't know if they have the equivalent of small claims / common pleas.
I've sent a takedown notice now, and I'm sure the content will come down in due course.
Nonetheless, it's rather insulting that a school doesn't see fit to reply or take down the content, even after 11 attempts at contacting them...
As for small claims: if they ignore the plea, I may have to go to Canada to go to court. The plane ticket alone would cost many times more than the original claim. Of course, I'm completely confident I would win the case and that I could claim expenses incurred to pursue my claim, but I'm not entirely sure that wouldn't be counter productive. I know how strained school budgets are, and taking a several-thousand-dollar-chunk out of it for the sake of a minor copyright infringement seems a bit overkill.
I just want to make a couple of comments... I would first agree with you that this is probably copyright infringement. I am disappointed that the school has not responded, but have you tried calling them? Most schools do not deal with anything that looks like a legal issue unless it is directed at the districts lawyers.
Lastly, while I know that you are within your rights to persue this, I would suggest that it would not put you in the best light even if it also casts a bad impression on the school as well.
I haven't tried calling them. However, I did send them e-mails, telefaxes, and letters. Apart from the cost implication of calling to Canada (I know, I could use Skype, etc), precisely because this is ostensibly a legal matter, there has to be a paper-trail of what was said by who to whom.
As for putting me in a bad light: Yeah, perhaps. But my counter-argument on that point is that I'd think I would have deserved a response after 6 months and eleven attempts at communication.
I know little of Canadian law, but in the USA you cannot file copyright suits in small claims court. The defendant can easily have the case remove for lack of jurisdiction.
http://copyrightsandcampaigns.blogspot.com/2009/08/can-you-sue-in-state-...
Important point, and well-written article! Thank you for sharing.
It seems that after sending a letter to the principal, you went down the food chain instead of up. Send a copy of your letter to the school board and the superintendent. Send it certified mail/return receipt so that they can't ignore it.
Right. You have to contact the Superintendent's office, and if I were you I'd address it to:
John Gaiptman, Superintendent of Schools
C/O Greater Victoria School District Legal Department
556 Boleskine Road, Victoria, B.C., Canada V8Z 1E8
Even though they don't appear to have a legal department, wording it that way would get their attention.
Finally, one of the School Board members is an attorney. http://www.sd61.bc.ca/meetboard.aspx
All of the above explanations aside, someone from the school should have contacted you.
Contact the City Desk at the Victoria newspaper:
City Editor
Bruce MacKenzie
Phone: 250-380-5314
bmackenzie@timescolonist.com
Looks like, perhaps, we have another Cooks Choice brewing. I, too, would have followed your procedure, Haje. But when someone ignores you this thoroughly, it becomes a matter of principle, does it not?
I like the suggestion Phil Marty made to contact the newspaper in Victoria. You do have options there beyond filing a law suit, that actually might be more effective. Money is certainly a motivator, but sometimes you can get more mileage from creating or threatening bad publicity. You might also inquire about the cost of a display ad in a local small paper for an open letter to the school authorities asking how their theft of your work and their ignoring you efforts to seek relief can possibly advance their self-proclaimed goals of respect etc.
While there are a number of exceptions in Canadian Copyright legislation for educational institutions, I don't think that any of them fit here.
You can take a look at them at: http://laws-lois.justice.gc.ca/eng/acts/C-42/page-15.html#h-26
I realize from the comments that you've also sent a takedown notice, so things may have progressed past this point but I wonder if a skype call to the school, for a voice meeting with the Principal would get you somewhere. (As someone in Canada whose parents were both school administrators, I'm surprised there hasn't been any response.)
As a minister, I find I'm constantly having to educate colleagues and congregations about acceptable use and copyright issues. While it is frustrating in many, many ways, I'm glad when they finally get it!
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