Thursday, January 8, 2015

Social Media and Intellectual Property Theft

In response to an incident on Facebook, I wrote the following blog: “Online Privacy and Fake Memories” [http://snapshotsandproject365.blogspot.com/2014/12/online-privacy-and-fake-memories.html]. I highlighted the issue of fake memories stolen from people.

There was someone who thought it might have been deceptive, and it was “wrong, but not really a big issue to worry about”. Being deceptive is not a “big issue”? I find that a little hard to believe, especially when there are people who believe everything they read/see/hear online.

Another point that was made was that the person who shared a photo that wasn’t theirs – they weren’t the first or last person to do it, that it is a sign of the times and it won’t change.

That’s the kind of attitude and complacency that causes it to continue. It’s been excused so people keep excusing it; they’re so used to it happening it is second nature.

A recent case in the news (that’ll I get to later) highlights the lack of concern we have for this issue when it comes to intellectual property as well as our rights as people.

There is a HUGE concern when someone feels a deep need to swipe someone else’s photos, memories, or even a “life” to represent as their own – deceptive is not quite adequate – it is FRAUD. It amounts to virtual identity theft. Even if it isn’t for monetary gain – who is to say it wouldn’t lead there? [More on that later]

The person commenting (about it not being a big issue) was only concerned if it was being used for pedophilia purposes. As long as it wasn’t? “Being in the nature it was used … it was wrong, but not really a big issue”.

How about the fact that the people doing this are stealing someone’s family to represent themselves and becoming a voice for that family? That should worry anyone that someone else is being their voice.

“Joanna” (the person who was mentioned in the blog “Online Privacy and Fake Memories”) was using a picture (that she likely did not own or have permission to use) to represent herself, a twin brother, and this Lisa “long ago”.  And, this “Lisa” perpetuated the scam by commenting on the photo.

Being deceptive and dishonest puts the entire online community at risk – in addition, it is PLAGARISIM. They are STEALING someone else’s work and using it (even if it isn’t for monetary gain) as their own.

To be blunt … it is against the law. It is called INTELLECTUAL PROPERTY THEFT. And, it is something the FBI takes seriously.

If you were to publicly screen your own DVD copy of a movie that you bought – even if it isn’t for monetary gain (without permission of the distributor) – it’s still considered illegal. Read this warning (it’s from a WARNER DVD) …

[Picture of FBI warning – taken by me]

And one from a CBS/Paramount DVD: 

[Again, taken by me]

Intellectual property theft isn’t as “small” as some like to believe.

When someone (like myself) takes PERSONAL photographs, we are the “copyright” holder – despite the fact it might be a “public” place (Disneyland, etc). That is our work; that is our intellectual property. The images belong to us. They are for our use and distribution – no one else has the right to distribute them without payment and/or attribution use – even then the copyright holder might still retain their rights.

This is a good read:

“FBI Anti-Piracy Warning Seal” – note that it is under the section “Intellectual Property Theft”

Notice: “Copyrighted works can include, but are not limited to, films, audio recordings, electronic media, software, books, photographs, etc.” … I did. And, it is not a “victimless” crime. Even if it is not for monetary gain, there are victims involved.

Sounds serious, doesn’t it? Remember the person who said “wrong, but not really a big issue to worry about” … they’re wrong. And, they’re wrong in a big way.

To answer the person who said “sadly a sign of the times … this will never change” …

Yes it is a sign of the times, but it can change and you can do something about it – be more private. Watch what you share with and the people you share to.

Depending on what network you use and why you use it:

1.) Don’t be available in search (Facebook)

2.) Set “friend requests” to “Friends of Friends” (Facebook)

3.) Watch how many family photos you post and what details
          (Facebook & Twitter)

4.) Maintain the strictest possible privacy (Facebook & Twitter)
                    A.) Don’t be afraid to have lists on Facebook
                    B.) Don’t be afraid to de-friend or block on Facebook

5.) Watch who you friend (Facebook)

6.) Lightly watermark your photos (Facebook & Twitter)

7.) If anything seems suspicious – REPORT IT
          (Facebook & Twitter)

Just because something has been done (and repeatedly) doesn’t mean we should allow it to continue. We can take precautions by limiting what we do online to impact that privacy. We can make reports against people as well.

I don’t think we can stop it entirely, but there is nothing wrong with being vigilant about it and educating our friends to being a bit more cautious online.

Oh, and if my blogs aren’t convincing … remember I said something about a recent case in the news highlighting the lack of concern we have for the issue?

How about this:


Three more links:

New Mexico woman sues novelty company for putting her high school portrait on flask


NM woman sues over yearbook photo, novelty flask


Woman suing over use of her photo on flask


Just because it has happened, doesn’t mean we continue to let it happen.

Dunn said his office tried to get the issue resolved before filing the lawsuit, without success.

I received an email from Anne Taintor at one point when we first started talking that basically said ‘well, most people find this stuff funny – get over it.'” Dunn called the company’s response, “a really flippant way to think about somebody’s reputation.”


I think Mr. Dunn says it better than I can. 

No comments:

Post a Comment