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I remember the day this photo was taken as if it were yesterday. It was May of 2008. We’d been living in our new farmhouse only two months. I’d just hatched out our first chickens in an incubator. I visited a nearby goat farm, dreaming of goats of my own. I didn’t have Clover and Nutmeg and Sprite and Fanta and Mr. Pibb and all the gang. I just had a few “teenage” chickens. I wanted more. I wanted a real farm. We visited all the girls (does)–they were pregnant and we were waiting. Eventually, we bought Clover and the two babies that were born to her that spring. We went to visit the buck yard. Though we weren’t in the market for any bucks, I found them fascinating.
This photo didn’t fall into my camera. I took ONE HUNDRED photos of the bucks that day to get this one photo.
To get them to line up like that, perfectly, wasn’t easy. You can’t give goats instructions. You just have to wait–and work–and keep taking pictures. I knew that photo when I took it. I showed it to Missy on the LCD screen on my camera. It was the one. It just took a hundred photos to get there.
You don’t get a photo like that off a stock photo site. You get a photo like that from someone who was passionate enough to take the time to put in the work to take it. This photo wasn’t stolen because it was a “stock” photo. It was stolen because it was a passionate photo.
You can see that photo and the original post from May, 2008 here.
You can also see it in the November/December 2010 issue of Dairy Goat Journal on page 13, and in the online edition here (unless they’ve taken it down). In both instances, it is stolen creative property and copyright infringement. (See yesterday’s post: Stolen.) My photo was published without my knowledge or consent in both their print and internet publications.
Yesterday, I had a brief phone conversation with Dave Belanger, who is the head of Countryside Publications. Countryside Publications publishes these magazines: Dairy Goat Journal, Backyard Poultry, Countryside & Small Stock Journal, and sheep! Magazine. He had two things in front of him: A copy of the November/December Dairy Goat Journal and my website on his computer screen.
He said to me, “It appears to be your photo.”
I said, “It doesn’t appear to be my photo. It IS my photo.”
Dairy Goat Journal photo:
My photo:
He never conceded that it was my photo.
He also made the (preposterous) suggestion that Pete and Missy must have given permission to the magazine to use the photo. My photo appears on their website here, where it is used with my permission and my credit, right next to their contact information.
1. Pete and Missy were never contacted by Dairy Goat Journal.
2. If the publisher of four magazines doesn’t know the proper procedure for obtaining permission to use a photo (as in, asking permission from the OWNER of the photo), I have to wonder how many photos in Dairy Goat Journal, Backyard Poultry, Countryside & Small Stock Journal, and sheep! Magazine are stolen photos.
Have they published this photo of Mean Rooster in Backyard Poultry?
Or this picture of Annabelle in sheep! Magazine?
Or maybe they like this pretty picture for Countryside & Small Stock Journal?
Clover: “Why didn’t they steal a picture of me?!”
Or maybe all those photos and more are already in Countryside Publications. Who knows. I don’t subscribe to any of their magazines.
I also left a voice mail for Jennifer Stultz, the editor of Dairy Goat Journal. She has yet to return my call.
Am I going after Dairy Goat Journal? Yes, I am. I won’t excuse them for stealing because they’re small. Dairy Goat Journal has been in publication since 1916. Whether they do, or don’t, have much money is of no relevance. I have no idea. I don’t have much money. Do I not deserve to be compensated for the use of my work? Is it okay to steal if you’re poor? If they had asked me for a “donation” of my work, I would have gladly given it to them for free in exchange for a link. THEY DIDN’T ASK. THEY STOLE IT. They knew they were stealing it. My credit was (is) on Pete and Missy’s site, and my copyright is on this site. Wherever they lifted it, THEY KNEW THEY WERE STEALING. That is not okay. Even if you’re poor. It’s not okay if the editor stole it herself. It’s not okay if a lowly underling stole it. It doesn’t matter who stole it in the hierarchy of the magazine. The publisher and editor allowed it to be stolen, either by purpose or neglect, and the responsibility is the same. There is no excuse.
I have asked them for a reasonable settlement–an industry standard fee for my photo plus an up-charge for unauthorized use. I will update as this situation continues. I will not back down. I will take them to court if necessary. I am that resolved. Will it be difficult for me to go after them? Yes, it will. But every instance of theft on the internet that is ignored leads to more theft. I want to do this not just for me but for every writer and photographer on the internet. We all need to stop taking it, for ourselves and for each other. It’s time to take a stand.
I’m tired of having my work stolen. Today is the day, and whether they like it or not, Dairy Goat Journal stole my work at the end of my rope.
THANK YOU to those of you who contacted Dairy Goat Journal with your feelings about internet theft. If you haven’t contacted Dairy Goat Journal, please contact them!
The editorial email address is: csyeditorial@tds.net
Or call Countryside Publications toll-free at (800) 551-5691 and leave a message for Dave Belanger.
My photos are here because I TOOK THEM. Creative artists cannot survive if we allow theft to continue unabated. It has to stop…. Or all the beautiful works on the internet will disappear behind closed doors of protected pay-per-view websites. Protect the free internet by protecting the creative people who make it. Thank you.
P.S. As of this morning, my photo remains in the online edition without my name and credit. The publisher, Dave Belanger, has known since yesterday afternoon that it is my photo. While the print edition can’t be pulled back out of mailboxes all over the country, the online edition would take one minute to correct.
P.P.S. (In response to comments.) I don’t actually want my photo off their website at this point. My photo in the online edition is the only link to the printed edition, where the credit can’t be corrected (except in a future edition). I have asked for my credit to the photo, my name, my website name, and website link to be placed in the editor’s column of the next edition as well as placed on the photo in the online edition. I intend to insist, in fact, that my photo remain in the online edition–with the correction. (This correction could have, and should have, been made yesterday, asap, in the online edition.)
UPDATE: SEE THE RESOLUTION HERE.
Posted by Suzanne McMinn on November 10, 2010
What a cute fur-baby!! IMO, I think an appropriate name would be ... Lucky. Either it was dropped near your home, or it really did rain kittens ~ This is the same way I acquired a kitten, when I lived in western N.Y. in the country. That one turned out to be a great companion & a very well behaved pet.
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I’m going to email DGJ and give them a piece of my mind. As a former graphic artist I am too familiar with the attitude that it’s OK to steal from artists.
I don’t know what DGJ was thinking – no, I know exactly what they were thinking. “Great photo! Let’s use it. Who is this Suzanne woman? We don’t need to bother with the credit. She’ll never know. And if she does, she won’t have enough money to do anything about it.”
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I know how you must feel, my neice is a photographer and has been in the same position…she’s on the warpath too.
I’m sure you will have a good conclusion, just hope it’s soon.
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Teach them a lesson.
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When they asked why, I told them it was because I could not support any publication that resorts to theft. Sited your case in particular, hope you don’t mind…
You go get ‘em girl!
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A few years ago I got a call from a representative of a zoo in Texas. She had seen some of my pics (of my godchildren playing with goats) and wanted to use them for banners and posters promoting their new petting zoo. After getting permission from the children’s parents, I let her use the images for free (it was a good cause, and my ego was thrilled over my first published images) in exchange for a copy of their zoo newsletter featuring the image, and pics of the banners when they were done.
Asking nicely goes a long way. Also, Dave Belanger should have been taught as a child that admitting it when you eff up goes a long way too. His ego made the situation worse.
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I wonder if there could be a website exposing thefts of this kind.
I wonder if the BBB could help.
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By a church.
Ouch.
Good luck taking on the big guys.
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Another topic worth stating. Im so proud of you for standing up for whats right! We will support you Suzanne, you and this web site mean so much to me, more than I could ever say.
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There are many scenarios that have played through my head as to how this could have happened. None of them really matter at this point though. All that matters is that a mistake in judgment was made, it has been brought to the attention of Countryside Publications, and they should apologize and step up to do the right thing.
I really hope they settle this. I really will miss several of their publications if they do not.
Really? That has always been one of my favorite pictures on this website. When I look at it I think that you were either very lucky to have gotten that shot or that you spent days trying to get it. If I would have seen it in the magazine or on line I would have said, “Look! Suzanne’s picture got published in a Countryside Publication magazine!”, and would have sent you a comment of congratulations. Seriously? Please! Time for someone to step up…
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Tina
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Maybe the people at the DGJ need this article?
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But since he didn’t? I’m glad you are putting on your mud boots, and goin’ after them go-guns! They deserve it. Then you can blog about it. Maybe the ‘publicity’ will hit ‘em where it hurts most.
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Kris7
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Then post the video on YouTube with a catchy name that will catch the attention of millions of people. Give contact information of the bad guy to folks so they can help you.
You may never have to spend a cent if they get enough bad press that tv stations start picking it up. I’ll help promote it as well.
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Good luck!
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Geez, if every photo was required to be registered the Copyright office would be completely submerged in paperwork.
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People – please realize that artists need to be paid. They have bills too. Their supplies are not cheap. They do not use the same paper, pencils, crayons that kids do. Photo supplies are very expensive.
You do not work for free and neither should anyone who works in any of the art fields.
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“If copyright registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.”
You can now register on-line but there is a $35 fee. I make my living doing this and am on the board of directors of the American Society of Media Photographers.
Tina
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Suzanne McMinn is a well known and recognized writer. Those who follow her blog and view her photos RECOGNIZE the animals in the photos. Suzanne doesn’t just take pretty pictures. She tells stories about the photos she takes and personalizes them. When you steal a photo from Suzanne, it isn’t an ‘oopsie’ moment where you can claim you thought the photo was public domain. You are a thief, plain and simple. There is no hiding from this. There is no explaining this away. No one is questioning your morals. We already have the answer to THAT question.
Take responsibility for your theft.
Apologize PUBLICLY for your theft.
Pay Suzanne, including the damages for unauthorized use of her photo.
Give credit to Suzanne (with link to her site) in your online edition that features the goat photo.
Never steal pictures again.
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I have been a subscriber to Countryside and in fact, had their re-subscription paper in my pile to send off a check . Not doing that now!!!! And letting friends know who also subscribe to it what’s going on.
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Tina
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I followed your link to their web site. Then got worried. What if all your readers did the same. Would that boost web traffic stats for those terrible, no-good, very bad goat-picture stealing rascals?
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Have you thought about contacting their advertisers? They may not want their names associated with stolen property, and might encourage the publisher to do the right thing.
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This sort of thing is so prevalent on the internet. I think you need to hire an attorney specializing in intelectual property.
Go get ‘em!
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Go get ‘em, Suzanne. You’ve got lots of supporters!!
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I can’t believe they are being so rude and uncooperative :(
It is sad state of affairs when people won’t do the right thing in the first place but then after doing the wrong thing and not making it right well…*sigh*
I am just so sorry!
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You take beautiful pictures, and have the right to be paid for them, so good for you for following through on them! Good luck! I sent them an e-mail about internet theft, yours in particular, with links to all the nice recent articles.
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Thanks for the link to the copyright alliance blog. I’ll be sure to share that link as often as possible.
Best of luck, Suzanne. I have emailed the editors twice in hopes they’ll have a change of heart/.
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“Mr. Belanger,
I am writing you regarding the photo in your publication Dairy Goat Journal, in which you included a photo of 3 goat bucks, taken by Ms. Suzanne McMinn. You didn’t ask permission from her to use this photo, nor did you ask permission of the people who actually own those bucks. I don’t know where you’ve been this last week, but have you not heard about the Cooks Source scandal going on regarding the “lifting” of individuals’ work without their permission? Shame on you. Remove the photos (I use the plural because I feel that you’ve probably lifted more than just one), apologize to her on her website (www.chickensintheroad.com), PAY her what you legally, morally and dutifully owe her, and then: DON’T DO IT AGAIN!!!!! Also, never, ever be as rude as you were to ANYONE else, no matter who they are. It sounds like you may be getting some retribution for your behavior, and not in a good way, such as cancellation of subscriptions, emails from Suzanne’s supporters to others, comments on Facebook, etc.
Good luck with all that.”
If what I’ve written is accurate, then I shall send it forthwith!
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Thank you to everyone who writes to them, and also thank you for sharing this story. Please share it!
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I spent much of last weekend watching the destruction of Cooks Source magazine over their copyright infringment; at one point, someone had amassed a 160-entry spreadsheet showing possible infringements, including NPR, Paula Deen, and Martha Stewart as victims. I’ve tweeted about your situation using the #buthonestlymonica hashtag, so maybe you’ll get some traffic out of that. If so, watch out!
Best of luck.
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You might have started another media blitz!
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I agree completely in that I’d hate to see your photos conspicuously watermarked because it would really detract from the flow of your stories and from the photos themselves. Perhaps you can find a compromise that you are happy with that would be much more subtle (the more subtle, the harder it is to remove) but would still give you a bit of protection. It’s kind of like making your house the one with the yard light and thorn bushes in front of the windows. A thief could still break in, but other houses would have a much easier escape route.
The whole thing is so sad in that you have to resort to changing the way you want to be creative just to keep people from stealing your stuff. I’m really sorry you have to deal with this stuff, but know you’ve got a whole community of people that have your back.
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That’s a foundation in this business. Even working in a photo lab for some years, we would NOT touch a photo that we even suspected belonged to someone else.
Good for you, you are fighting a battle for more than just yourself.
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I will be following for updates and will not give Countryside Publications anymore of my money until there is word from you that all was made right with you (as this is what I promised them in my email).
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Good luck, and keep up the good work. Love your blog!
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Ms. Stultz
I am writing to you to express my extreme outrage and disappointment in your theft of photos off of the internet to use in your magazine. I am a huge fan of Suzanne McMinn and daily read her blog at chickensintheroad.com. It is there that I learned of your theft of her photo of three goat bucks.
Ms. Stultz, I teach a 7th grade language arts class. I teach my students that taking anything from the internet without proper citation will have negative consequences. If twelve-year-old authors are capable of not plagiarizing, then why ma’am, aren’t you? What you did is outright theft. I hope that this incident teaches you that you cannot use others works without their permission. I hope that your magazine chooses to take the high road by apologizing to Suzanne, paying the fee that she deserves for her photo, and never stealing photos again.
Sincerely,
Lisa Bell
Hope it helps.
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If I’m right, the do-do he’s walking in will be getting deeper by the minute. Your predicament, and his unprofessional (not to mention illegal) behavior has practically gone viral, and continues to do so by the minute. He’s hoping this will go away by itself, but we all know it won’t. I’m thinking he’s read your comments on this. You said you are committed. I wonder how long it will take him to realize you are a woman of your word.
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Suzanne,they have no valid excuses.They should give you what you have the right to demand.If you let this go on they WILL do it again to someone! Make them do the right thing!
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I am appalled that your magazine, Dairy Goat Journal, blatantly commit the theft of intellectual property of Suzanne McMinn. The photograph in question is Ms. McMinn’s property and she should be compensated and credited for the photo. Simply, she deserves an apology from you.
Ms. McMinn is one of the most beloved bloggers in the rural blogesphere. She deserves compensation for the use of her work.
You can apply any remaining funds from my subscription to a fund to PAY MS. MCMINN for her work.
Expect a flood of emails and Facebook/Twitter posts about this.
Again, CANCEL my subscription.
Mary Kellogg
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I will say I love the picture of Clover, and the “group” shot reminds me of the looks I get when I come home from work at night. How sweet. Your photos are all awesome, hopefully this’ll all be sorted out soon.