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JamesinLA Inner circle Los Angeles 3400 Posts |
Today I noticed a new magician who was advertising in my parenting magazine. Since I work with a number of other magicians in my area, I thought I would check out his website. I couldn't believe what I saw. This guy stole a picture of laughing children directly from my website! It is a wonderful picture of laughing children taken by the parents at one of my shows. And this guy stole it from my website and is misrepresenting that those children are laughing at him and that he made them laugh, while the truth is that I made them laugh so wonderfully and that those children has never seen this guy before. Furthermore, I got permission from the parents to have that picture on my website and I think I could get in trouble for having it appear on another website. He is treating my private picture as if it's from a film library or something.
This person's performing name is "Magic Steve." He is a Los Angeles Magician. He claims to be a Magic Castle member. I have a call on his voice mail. I will let you guys know how this plays out. Has this ever happened to anyone else? I think it's dispictable. If he is as expereinced as he claims in his ad, why does he have to steal pictures from someone else's shows? Jim
Oh, my friend we're older but no wiser, for in our hearts the dreams are still the same...
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Vegasvent Loyal user Phoenix 288 Posts |
Definitely not a good thing! Wonder, did he build his site or did he pay someone else to? Either way, your photos are yours!!
Magical Phil-Kidzshow, LLC
"My Wife says that either all of my Stuff goes, or she does......" "Boy, I'm sure gonna miss her cookin'." |
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Michael M. New user Ex-Brit in the USA 34 Posts |
That's not nice at all! He's either very egocentric or simply not the sharpest crayon in the box..does he even realize you live so close?
Either way, I hope you contacted him. You have every right to. |
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Ken Northridge Inner circle Atlantic City, NJ 2392 Posts |
Apparently, to my horror and shock, this is happening alot. Did you not read the the current thread in Little Darlings?
» The little darlings » » Please help with website , thx Sorry, I don't know how to link this.
"Love is the real magic." -Doug Henning
www.KenNorthridge.com |
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wdwfan71 New user 100 Posts |
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Ken Northridge Inner circle Atlantic City, NJ 2392 Posts |
Yeh, that's what I was trying to say!
"Love is the real magic." -Doug Henning
www.KenNorthridge.com |
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Michael M. New user Ex-Brit in the USA 34 Posts |
That was quite the read.
I still can't believe that happened..the whole thing, the accusations, the cut-downs...some went after him like wolves. Step back and think before you reply, brothers and sisters.... It's one thing to get angry, but another to let it out so vehomently. The kid's case could be real or not, but does it matter? It's very obvious that he's very young. the comment about "wearing a paper hat and living with your parents" line coming from an adult here was really disturbing and scarring for a young adult to hear. I've messed up plenty myself, but WOW they went after him! Of course, I think stealing from another person's site, or stealing anything, is just not right. I'm really hoping that kid's story was true. I also hope the content has changed by now on his site.... I will say that the "huggies" thing was creepy.... |
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MagicSanta Inner circle Northern Nevada 5841 Posts |
You know, with all this laughing child photo stealing going on one might make lots of money selling them....
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ERIC Inner circle New Jersey 1188 Posts |
"Furthermore, I got permission from the parents to have that picture on my website and I think I could get in trouble for having it appear on another website."
You did the right thing by getting the parents permission, and maybe your proper recourse should be to contact those parents and have them go after this thief. They can not blame you for their child winding up on another site unless they can prove that you gave it to this guy. If you bring it to their attention, I would think it obvious that you did not give him permission to swip it and that should take you off the hook. |
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rossmacrae Inner circle Arlington, Virginia 2475 Posts |
Notify the magazine, absolutely. Then notify the offender.
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JamesinLA Inner circle Los Angeles 3400 Posts |
I've called the magazine. They don't know what their policy is because, I think, they don't know what their legal exposure is. They also have a web link to his site on their site as well as the magazine. After reading the previous thread, I now know that the magazine is legally exposed by virtue of their link because of this copyright thieft of my picture.
I have since talked to Magic Steve. He said he is going to remove my picture from his site. By the way, there is another picture on his site that is probably also not his and that is probably stolen from another magician's website as well. Magic Steve told me that he hired someone to make the website. He said this person was marketing to magicians to create websites for them. He told me he emailed the guy to remove the picture. I did say to Magic Steve that he was, however, clearly aware that that was not a picture from one of his own shows, which was what he was representing. He didn't have anything to say about that. Embarrassed silence. What can you say? I moved on, not wanting to rub it in. I then called him back later because I told him I was worried that this web designer would probably be using my pictures etc. for other websites around the world. However, Magic Steve did not give me his phone number or name because, he said, "I don't want to get in the middle of this." Magic Steve said that they were all in a group of friends who know each other. Magic Steve did say, though, if I saw the picture somewhere else, that he would then give me this guy's contact info. How likely is it for me to come across it? This web design guy is a thief. So I am warning everyone, if this guy has stolen from me, and he is marketing web pages to magicians, then he is obviously cruising every magician's website and stealing pictures and content from them. Be on the lookout for this! His guy is lazy as well as dishonest and may be stealing from you. Jim
Oh, my friend we're older but no wiser, for in our hearts the dreams are still the same...
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lou2 New user 46 Posts |
Magic Steve told me that he hired someone to make the website.
Hi, Its probably true, It has happened to me! Non magicians who are very computer savy, see nothing wrong with taking pictures/artwork from other websites the way they see it is if you want it protected then its up to you to put security on it , they prety much think that if its on the web and no protection its up for grabs. I am not defending it just saying how I think it is with most lou |
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Tony James Inner circle Cheshire UK 1398 Posts |
Calm down. This isn't new. This topic was being discussed here over a year ago. Similar problem. Yes, people help themselves to your pictures. Or they edit a picture to exclude the performer and concentrate on a child or children. Seems it's something which some people do. Perhaps more popular in America than in the UK. Landmass and proximity may have a part to play.
You can do something about it. Have your web builder 'Copyright Protect' your images then whenever someone right clicks on a picture they are refused and receive a suitable message e.g. 'Copyright The Great Candelabra' - an accompanying admonishing noise will emphasise the point. Then there's the other thing most libraries do - add a watermark copyright notice across each picture. That's done in this case to allow a designer to copy and try the picture in situ before buying it. Few thieves are going to feature your picture with the notice 'Copyright The Great Candelabra' right across the image! What I find rather cheeky is the copying of testimonials, sometimes word for word, other times slightly adjusted or re-written with a fake name and location added. You won't get away with this in a hamlet or tiny village but in any large conurbation, who is going to search through listings and directories, even on the internet, to track down and check 'Mrs Smith, New York'? Dealing with copying of words, specially if they have been re-written, may prove not so easy. But pictures are very straightforward. You get a lawyer to write a threatening letter - they will come up with all sorts to scare the wits out of the offender. And in the unlikely event they persist, you go for an injunction, a court order forbidding the use of your image/s. You can also sue for damages but often the costs involved outweigh the damages received. More effective is to Copyright Protect your images. And remember, with the client's agreement you can photograph their testimonial (with the precise address details blurred) and reproduce that as a picture, similarly Copyright Protected.
Tony James
Still A Child At Heart |
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Skip Way Inner circle 3771 Posts |
If you do a Google search for "No Right Click" JavaScript you'll find many reliable & free sources for the codes Tony mentioned. These codes can be easily cut & pasted into any webpage's HTML. The script disables the right click & copy function protecting your images and text from the web pirates. They aren't fool-proof and there are hacks and work-arounds, but they'll stop the most common and lazy thieves.
If you add a copyright watermark as Tony suggested, be sure it's in an indispensable part of your photo - not along the border or edge where it is easily cropped away. Finally, run a Link report from your website's host control panel at least every month or so. See who is linked to your website. When a thief copies your images and appends them to his own site, he's also stealing your bandwidth which can mean added costs to you. In effect, every time his website comes up, his site links with yours to display the image. You're paying to display your stolen image on his site. The Link report on your host's control panel should tell you when this is happening. On the other hand, you can use this link to your advantage. If you replace the linked photo on your site the link will automatically change the photo on his. Replace the linked photo with a great shot of you with the caption, "Call <Name>, at <Phone> for a really GREAT show!" Guerrilla webwork at its best! Heh heh heh!
How you leave others feeling after an Experience with you becomes your Trademark.
Magic Youth Raleigh - RaleighMagicClub.org |
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Tony James Inner circle Cheshire UK 1398 Posts |
Quote:
On 2008-03-26 08:17, Skip Way wrote: I didn't realise any of that. I thought when I download an image to my machine, it was isolated there. It's certainly on my hard drive, as I can haul it up when I'm off line. If I then send that image in an email, does that also establish a link to the original source in the sending? Or is the link interface confined only to those images I may then put on a website? And supposing one cropped and renamed a downloaded image, does that re-establish it as a different image, linked back to me rather than the original source? Most of my images are from my own source, camera or CD from a photographer or someone emailing me with an image. But I do trawl the internet, looking for pictures of my show taken at public events and which are posted there. I've never used one on a website but I've emailed copies.
Tony James
Still A Child At Heart |
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hugmagic Inner circle 7655 Posts |
Guys,
I am going chime in here on a couple of things. First, the performer or website designer should be threatened for copyright infringement. I would also refer the performer to the Magic Castle, IBM, SAM or any other groups he may belong to. I would notify the magazine in a question that this material has been stolen and is being investigated for copyright infringement. Copyright is pretty easy to prosecute if need be. Second as a former newspaper photographer, it is tough to get releases on kids for photos to be used. We (20 years) stopped putting the cutlines "son/daughter of John and Mary) jsut because of the child abuse and kidnapping. I would suggest to do, as I did, get your grandkids, neices nephews or neighborhood kids (with releases) and do a show taping (if you need video) and taking stills. That way there is no question about the rights for the photos. Richard
Richard E. Hughes, Hughes Magic Inc., 352 N. Prospect St., Ravenna, OH 44266 (330)296-4023
www.hughesmagic.com email-hugmagic@raex.com Write direct as I will be turning off my PM's. |
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Skip Way Inner circle 3771 Posts |
Quote:
On 2008-03-26 08:48, Tony James wrote: It is my layman's understanding, Tony, that when you post an image to a website, an HTML link is created embedding that image in the page. When the page is opened, the image is called up by that link. When someone copies and embeds the image in their own site, the original link remains embedded. Since the original link refers back to the original storage location of the image (on the original website), that is where the second website searches for the image. So, if five people copy & paste an image from your website and five people copy & paste that image from each of those websites and so on and so on...Each copied image links back to your original site. You could wind up with a huge broadband usage issue with nothing to show for it. Quote:
If I then send that image in an email, does that also establish a link to the original source in the sending? Or is the link interface confined only to those images I may then put on a website? Good question and I'm not 100% certain about this. Logically, if you generally send emails in HTML format and embed an image copied from a website I would assume that the original HTML link travels with it. I'll have to research this one for both of us. I'll let you know what I find out. Quote:
And supposing one cropped and renamed a downloaded image, does that re-establish it as a different image, linked back to me rather than the original source? If you COPY an image from a website and PASTE it directly, the link remains embedded. If you Save an image from a website (Right Click - Save As...) then you have effectively created a fresh, unlinked copy of that image. No link is embedded. If you have permission to use an image, animation or PDF from another site, use the "Save As..." option rather than the COPY command to avoid the link issue. If you reformat the image, crop, edit and then save it, you have effectively created a new version of the image without the embedded link. In one of my first forum memberships many years ago, I noticed an excessive use of bandwidth from my website without a high hit rate and couldn't figure out why. Turned out that I had used a photo from my site as the avatar for the forum. Apparently, every time my avatar popped up the embedded link was recalling the photo from my site devouring bandwidth. An avatar can be called up thousands of times a day in a busy forum. I understand that modern forum designs (such as the Magic Café) have resolved this issue. Quote:
Most of my images are from my own source, camera or CD from a photographer or someone emailing me with an image. But I do trawl the internet, looking for pictures of my show taken at public events and which are posted there. Again, Tony, as long as you use the "Save As..." command rather than the "Copy" command to cull your show images from other sites you'll be okay. I hope this information helps...and if I am inaccurate in any way, I hope our Internet gurus will set me straight.
How you leave others feeling after an Experience with you becomes your Trademark.
Magic Youth Raleigh - RaleighMagicClub.org |
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Donald Dunphy Inner circle Victoria, BC, Canada 7563 Posts |
I've had images and text stolen from my website on several occassions. I have friends who pay attention to other websites, in case they see my images, and tell me (I do the same for them). So, there are many eyes out there.
It's very embarassing to get caught, so why do it in the first place? - Donald
Donald Dunphy is a Victoria Magician, British Columbia, Canada.
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KC Cameron Inner circle Raleigh, North Carolina 1944 Posts |
Ok,
First, a coped image only uses the bandwidth of the site which it is placed. It can be copped a million times, and each one will use bandwidth ONLY from the site the were placed on. PERIOD. Copying and pasting a photo DOES NOT embed a link. Jpeg & Gif files DO NOT HAVE EMBEDDED LINKS. Flash CAN, but flash is rarely stolen. If you LINK to a photo and don't copy it, then it does use the original bandwidth since the image is not on your server. Still, It would take a lot of copying photos to make any real difference to most websites (when it comes to bandwidth) at one time this was not true, but today, stolen bandwidth from photos is mostly from ignorant people (bandwidth is cheap). A photo coming up a thousand+ times a day will cause a problem, but that is usually not the case. For the savy, there are ways to stop stolen bandwidth completely, but you need to know what you are doing or you can mess things up, so I won't go into it... As for the "No Right Click" scripts, they may slow down somewone who doesn't know what they are doing, but if someone want to copy a gif, jpeg or text from your site, it won't stop them. The best way is to either use flash and/or use a watermark. As for the "Save As" or "Copy", the "Save As" command SAVES a copy the picture onto your computer harddrive where you tell it. The "Copy" command makes a copy of the photo (text ect.) onto your computer memory. SOMETIMES (depending on the program)it can copy the link to the photo and not the photo itself. This means it will use the original photo if available. If not, it will display the "missing photo". As for using text from another website, it is not the smartest thing. Search engines store the text on their site, and if another site starts using the same text the search engine surmises it is copied, and will score your site lower, if at all. |
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LVMagicAL Elite user 460 Posts |
"Originality and creativity are OK . . .but plagiarism and infringement are faster and easier."
We read the instructions and patter that frequently accompany a magic trick and watch other performers in action, and we get IDEAS and INSPIRATION for the effect, but if we have any integrity at all, we don't do their act word for word....we use it as a starting point and then infuse our own personality to make it as unique to our own character as possible. And, reading, reviewing and digesting other's websites and promotional material is, in my opinion, just fine for getting ideas and inspiration for developing one's own material and site. Using another performer's show photo's is (although easy to do) just plain wrong. If a performer is doing any kind of show at all, it's way too easy to get photo's from those shows for a website. If nothing else, do a "guest spot" in another performers show and ask someone to take some pics while you're performing. I think the photos should include the honest, spontaneous expressions of the audience in reaction to your act....if not, then the performer is only fooling themselves and the viewers who are considering hiring that performer. The kid in Florida who did the same thing was obviously a newbie and apparently relied on someone else to "create" his web text for him. I was outraged at what he did, especially stealing another performer's audience reaction photograph. The "victim" performer is a close personal friend and competitor in my marketplace. We work together on a number of projects, both performing and club wise, and when he showed me what had happened, I was very angry that someone would steal his original work. I did speak hastily and in the heat of the moment, which in retrospect, wasn't a good idea. I apologize for not taking the time to stop and think about my comments before pressing "submit reply". Beyond the plagiarism, the Florida kid's website did need a lot of work. It really needed a complete "do-over". But, at least he's making an effort which is a step in the right diretion. If he indeed learns from this experience and makes appropriate changes in both his website and in future decision making processes, then he might have a future. If he doesn't learn from the experience, then I don't think anyone will have to worry about him being a competitor in the magical performing arena for very long. Just my 7 cents worth (in consideration of the declining US currency value and inflation). |
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