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If you've ever read one of my reviews you might have noticed the link
at the end of each page that says 'Guidelines for ebayers and other auctioneers'.
If you looked below that you might also have noticed my Copyright Notice.
In many ways I rather resent having to put such notices on my pages -
I like to think of us musicians as being part of a community, and such
warnings and notices seem, to me at any rate, to be more suited to the
cut and thrust of 'commerce' rather than any artistic endeavour.
OK, I'll admit that's a very naive outlook - but whilst I can't deny
that this site represents my business, I still like to hope that it comes
across as less of a 'shop' and more of a comfortable armchair in which
a moment's peace and respite might be taken from the fuss and hassle of
the modern world outside.
It's a nice vision, I feel, which is why it grates so much when the ugliness
of commercial concerns intrude upon it.
I'm also quite proud of my achievements here. I know it's not exactly
a 'whizz-bang' site, with flash animation and java applets popping up
all over the place, nor intrusive adverts vying for the readers' attention
- but then that's what gives it its own appeal. It allows me, as I write,
to talk to you as though you were sitting opposite me in my workshop -
and that's something that people seem to recognise, judging from the introductory
comments in many of the emails that come to me by way of the various articles
on the site.
So it's no wonder that I feel it's worth protecting this small oasis.
What that tends to mean is keeping an eye on where content from this site
pops up across the web, and it's an important task for a number of reasons.
Primarily it's to maintain the integrity of the site - it's very easy
to quote material out of context and thus devalue it, or in some cases
abuse it...such as using entire reviews on an auction page by way of trying
to acquire a sort of 'endorsement by association'.
It's also to maintain the source. I've seen many great articles, some
factual, some fictional and humorous, written about the world of woodwind
that have been flung around the internet with no accreditation to the
original author until it becomes unclear as to who wrote them in the first
place. To be sure, there's rarely any money involved, but a good article
should always carry its author around with it, much like a good song carries
its songwriter.
There's also the issue of worth.
I don't necessarily define worth in monetary terms - there are many other
arbiters of value, and in my case I feel my worth lies in my experience
in the industry. That's essentially what my clients pay me for, and whilst
the information and experience that I share here are freely visible to
the public at large, it's my expectation that if people want to make use
of that resource they have to do so via this portal. I think that's an
expectation that anyone who's ever put together a website shares, particularly
( if not especially ) a commercial one.
I'm often quite surprised, touched even, as to how information reaches
me about content that pops up elsewhere. By and large it comes from emails
from readers of this site who see text and images copied wholesale onto
other sites.
It's actually quite flattering really, that people recognise my style
and are able to remember where they've seen passages of text or images
before - and to those people I'm always extremely grateful for taking
the time and the trouble to alert me.
It has to be said though that the number of obvious breaches of copyright
is very small. On the whole people appear to be quite sensible and reasonable
about such things, and have an innate sense of what constitutes legitimate
use - typically a quote with accreditation, for example.
The trouble starts when it goes beyond that.
Most of the issues I have to deal with surrounding copyright come out
of misunderstanding, or just plain lack of awareness. In such cases I
find it's usually enough to drop the party concerned an email expressing
my concern, after which there's a usually a brief explanation and apology
by return followed by the removal of the copyrighted content. All very
civil, I feel.
Regrettably there are some cases where my concerns are ignored, and this
generally means that someone's up to no good - a typical example being
that of a fake ebay auction...the most entertaining example being that
detailed in 'The Scam', in which a client
whose sax I'd reviewed spotted it apparently up for sale on ebay, quite
without his knowledge.
More often than not it's the images I have to chase.
If anything I feel I'm rather more tenacious about this than I am with
chasing up text, and that's because creating the images for this site
is rather much more of a chore than the writing is. I can 'knock out'
an article in barely an hour sometimes - but it can take a very great
deal longer to produce the images for the same article.
Let me give you some idea of what's involved.
First the shots have to be set up. I don't have the luxury of a dedicated
photographic studio, so I have to work with 'available light'...which
usually means taking the shots outside. Once I have the images on disk
they have to be examined, selected and then edited. This is where it gets
hard.
If you look at any of the main shots on the review pages you'll see that
the instruments appear to be placed directly onto the page. In order to
do this the instruments themselves have to be 'picked out' of the background
of the raw image. To make it a little easier I use an appropriate backdrop
- but without a full lighting kit there's always a great deal of manual
'picking' to be done. Then the images have to be resized and colour balanced,
and then compressed for web publication.
Trust me, it's a LOT of work...so it's no wonder I get a bit miffed when
I see an image that might have taken me anything up to an hour to produce
appear on someone else's site.
It's bad enough when it's ebay...but when it's a commercial site it really
gets on my wick.
But, like the text, it's often a case of misunderstanding - particularly
if it's something like a web forum, where the poster might be rather less
clued up than the site owner - and once again, a quick email to the right
person will usually result in the image being pulled.
That's at least always been the case...until now.
I was examining my site stats a while back ( site stats tell you how people
find their way to your site...via searches, for example, or links from
other sites etc. ) and I noticed a reference to a site that pointed to
an image - that of the
Grafton alto.
This concerned me, because when this happens it usually means that someone
has copied not only the image concerned, but its source url too. Simply
put it means that an image on my site appears on someone else's site,
but it's my site that feeds the image. An analogy would be you having
the exact same dinner as your next door neighbour, but instead of there
being two separate meals in separate houses there'd just be the one meal
- in your house, and your neighbour would be using a very long fork to
eat it off your plate.
They call this 'leeching'...because it's effectively using ( sucking )
your site's bandwidth on someone else's site. It's very naughty.
I was somewhat peeved at this because it's a fact that if I can spot
the leeching at my end then so can the owner at the other end - but then
that assumes they bother to check their own stats, or even care.
So, I dropped the site admin the usual copyright notice and pointed out
the extra issue of leeching.
I do so hate sending such emails out because there really isn't any way
to be nice about it. In short it's theft, whether by intent or ignorance
- and the most appropriate way to deal with the issue is to simply point
out the offence and ask that the material in question be removed.
Having sent out such an email I soon got a reply stating that the image
would be removed.
However, on checking the site sometime later I was astonished to find
the image still there. Although it was now no longer being fed by my site
it was, instead, a slightly reduced size version which had been rendered
in black and white.
In effect it's a double whammy, you can't copy copyright images and neither
are you entitled to alter them.
Well, realistically, what can you do in such situations?
I did write again and point out that simply modifying the image doesn't
remove the copyright, but I got no response...which is, in effect, a 'sod
off'.
I could have changed the image to something rather unpleasant - if it's
being fed from my site then whatever I choose to put in place of the original
image would appear at the copylifter's site. It wouldn't even have to
appear on my own site if I changed the name of image that appears here.
Because I'm generally a 'nice guy' I thought it better to drop them a
line ( shan't make that mistake again! ).
I could also ( and still can ) contact the site hosts - the people that
sell the space in which we create our websites - and as they're ultimately
responsible for what gets put in the space they sell they're always pretty
quick to jump on copyright issues.
What's particularly saddening is that the site in question is one that
many of you would have thought had certain ideals when it came to such
issues, given that it's a jazz related site. Apparently not - so before
I get around to banging off a copyright notice to the host provider I
thought the site in question could do with a bit of 'publicity'.
So what reasonable conclusion can be drawn from this unfortunate episode?
Well, it seems reasonable to me to assume that as allaboutjazz.com
clearly don't give a toss about other people's copyright, then they can't
reasonably be expected to complain when everyone else decides to use the
content that appears on their own site.
Just change the font size or something, it'll be fine...
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