Tips when your Copyrighted Materials appear on Print or TV

Been getting a lot of reports about blogger’s copyrighted photos or pictures being used and broadcasted on TV or printed on the newspaper without attribution or credit. It seems though that this practice is becoming more rampant nowadays especially when people can get them via Google Image search fairly easy.

We bloggers often do this — copy/borrow photos, capture screenshots, record a TV segment or use copyrighted songs. However, I believe that most of us provide attribution to the source in a form of a link so IMO that falls under Fair Use.

But what if it’s our own copyrighted materials that are being used? I think it’s okay as long as we get due credit for it. Bloggers want to get some link love, right?

Let’s review some of the recent incidents on TV and on print:

Anton Sheker of Blogalicous claimed Manila Bulletin used his travel photos of Vigan without permission or attribution. As far as I know, the issue has not been resolved yet and Anton intends to file a Php1 Million law suit against the newspaper.
Just this evening, Eric of Byahilo contacted me about the recent show of ABS-CBN’s Boy n Kris that used his travel photos of Pintados Kasadyaan Festival and Iloilo Dinagyang. I immediately contacted some people I know in ABS CBN so they can investigate this.
Just now, right after I got back home, while watching a re-run of Convergence in Net 25, the host (Seven) featured dual SIM phones and flashed photos of a Verzio Duplii. I immediately recognized that those photos are mine. I emailed them immediately.

So what do you do when this happens to you?

Make sure that those materials are really yours. You should have solid evidence that you own the originals of those materials. Eric was smart enough to put water marks on his photos (though he says the segment zoomed in to remove the markings).
Contact them and tell them about your case. An email would be great so you can present your case clearly with accompanying evidence. Be diplomatic and avoid being angry or mad. This is practically a business transaction so you want to be professional — if you want to claim for compensation.
Get a hold of your original material in case the other party disputes your claim. Meet with them if necessary and state your demands clearly. Do you want them to publish an erratum/addendum, a public apology or a licensing fee or compensation?

If both parties can’t resolve it amicably, then go to the courts just like Anton.

This is a lesson for everyone — that as new media publishers, we should also respect other people’s copyrighted materials (photos, news articles or videos) so we can earn that same respect back. It’s also a lesson for traditional media to be always on their heels, now that there’s a check on them.

Abe Olandres

Abe is the founder and Editor-in-Chief of YugaTech with over 20 years of experience in the technology industry. He is one of the pioneers of blogging in the country and considered by many as the Father of Tech Blogging in the Philippines. He is also a technology consultant, a tech columnist with several national publications, resource speaker and mentor/advisor to several start-up companies.

https://www.yugatech.com

13 Comments

la ciudadista says:

17 years ago

my god, sue them to hell for copyright infringement!
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IP Lawyer says:

17 years ago

Vesting of copyright is automatic. You may, however, file a copy with the National Library for evidentiary purposes. The problem with the situations mentioned is the establishment of ownership and date of creation. Note, the law recognizes the possibility of “work” independently created but similar.

If anyone has any questions to clarify the matter, i’d be glad to help.
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JC John SESE Cuneta says:

17 years ago

Btw…

Human Right #27: Copyright

article 27.1: Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
article 27.2: Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Universal Declaration of Human Rights (United Nations)
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JC John SESE Cuneta says:

17 years ago

They are correct. Anything you create digitally are automatically copyrighted to you, especially those that you put online the Internet.

Copyright’s main basis is the recording of “dates” and “times” then it goes on from there (ie additional rules and guidelines [dates and times alone can be easily faked]).

Anything that you create non-digitally, you have to at least copyright it via the legal offices, IPO or the National Library for example. Simply holding a hard written copy (example) is highly questionable, anyone can do that very easily. Example, you wouldn’t believe me if I say that I had encounters of songs, brilliant ideas, and the likes having obviously been taken from me even if I show an old paper where I first wrote those down ;)

But as many IP experts say, it is always better to literally apply for copyright, trademark, and patent. Dont just rely on the fact that “its automatically yours”. Papers always win 99% over those who do not have legal papers, even though the whole universe knows you are the legal owner.
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eric says:

17 years ago

i have been trying to call the Boy n Kris dept @ abcs cbn but no ones answering the fone. i sent them email last thu after the incident but i have yet to receive their reply.
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jamie says:

17 years ago

When you provide something online, it’s already copyrighted.

For me, link love or a mention of my name would be ayt.

I wonder if those media people who used Disneycute’s photos of the Glorietta bombing credited him. I’ve seen some online publications who did, but how about the rest?
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jun says:

17 years ago

if you produce an original work, it is automatically copyrighted to you. That said, in this (digital) age, we should be explicit on how we want our material used. Creative Commons is a good way to make this known. And we already have a philippine version of CC.
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JM says:

17 years ago

Don’t forget Coy’s video (and voice) being used by ANC’s Media in Focus without proper attribution.

And they say that the new media is killing off traditional tri-media. WTH??!
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L.A says:

17 years ago

@randell – You can use Creativecommons.org badge for that or a Â© logo on your blog. I notice your have one below. So I thinks it’s automatically copyright protected.

I’m I right, anyone? [not sure about my answer]
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ChrisMo says:

17 years ago

And for written works on sites, use copyscape…
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randell says:

17 years ago

How do I get to copyright my materials?
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