Joe Emanuele Needs a Lesson

I have not received any campaign related material in the mail this year. However, it was recently brought to my attention that one of my photos was used in election campaign material without my knowledge, permission or license.

I was first made aware of this by Ann Thane’s blog entry where she described the image of her as “unbecoming”.  Owning a rather large collection of unbecoming images of the Mayor, I looked into the matter and confirmed it was, in fact my image.

The photo in question was a photo of Mayor Ann Thane that I took during a public meeting at the Riverfront Center on May 16, 2011, where the proposed increase in water fee and elimination of the 3% tax cap was being “discussed” by outraged Amsterdamians.

My intellectual property was illegally obtained from my blog and can be found here.

The Emanuele camp maintains that they legally used the photo because there was no Copyright notice on my blog. WRONG!

The posting of Copyright notice is not required, though often used by people in an attempt to ward off thieves.  Copyright is automatic and inherent when a photographer snaps that shutter and takes the photo. The registration of images with the US Copyright Office is also not required to enact Copyright law. It is helpful for tort action against violators.

The Emanuele camp is also not aware that all of my images contain owner information including Copyright notice embedded with each electronic image that can be seen with any photo editor.

These photos are someone’s work product. You wouldn’t think of stealing from a bank or department store, but somehow think it is OK to steal from the internet. It is NOT OK to use images from the internet for your own purposes. It is against Federal Copyright law.  Those images are the intellectual property of the photographer (yes even unbecoming images are intellectual property).

A link to the US Copyright Office can be found here.

I will be sending Joe Emanuele a cease and desist and letter along with a demand for payment (temporary license) for using my intellectual property in his campaign literature.  Consider this public notice.

Update:

Reporter Jarrett Carroll covered this story in todays edition of the Recorder. His story can be found here.

In his story, Sparks Fly Over City Mailer, Carroll identifies Vince Casale, Emanuele’s campaign manager as responsible for using my photograph to create the flyer.

Vince Casale, Emanuele’s campaign manager, said the photograph was taken from the Internet and falls under public domain, claiming permission was not necessary.

This is a common misnomer that is totally false. Public domain does not equate to “the Internet”. Public domain refers to items produced prior to 1923 or those who Copyrights have expired (Copyright has an initial lifespan of 70 years). Public Domain may also refer to works created by the government, like published laws.

But Vince Casale said the image was found online and is fair game.

There was no copyright on the photo. I checked for one because I deal with this sort of thing all the time,” he said. “There’s nothing there, there is no reserved rights or anything like that.

Thanks to the Berne Convention of 1988 a Copyright statement is not required.  At the moment of creation, when the artwork is “fixed” in some tangible form, copyright applies automatically. For a photographer, when you press the shutter release you are making a photo and gaining copyright to that photo at the same time. You don’t have to declare copyright or file any paperwork.

My camera provides additional protection by embedding a Copyright statement in each photo I take, including my name and year.

It looks like Vince Casale also needs a lesson.  Maybe Joe Emanuele should deduct the fee I am imposing from his salary.

 

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Categories: Law, Photography, Politics | Tags: , , , ,

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4 thoughts on “Joe Emanuele Needs a Lesson

  1. diane

    Jerry,
    If there is one thing about Joe, he is honestly not reading all these blogs and I am sure he had no idea where the photo came from. Somebody probably handed him copy and he said ok. I am sure it was their job, meaning whoever came up with the ad and photo to get all the necessary approvals. He does not even know what the Joe E site is the Rob came up with.

    Diane

    • Rob Millan

      Diane,
      You said you had proof Thom Georgia started that website, now you claim I did. Please cite your evidence in my belonging to the Joe E site. Oh, you have none? Shame on yourself for starting a lie and then attempting to perpetuate it.
      Get your kicks in now, Diane, because you won’t be able lie if elected, what with that whole ‘under oath’ thing and all.
      This post is about Joe Emanuele’s campaign illegally using, obtaining, and disseminating someone else’s intellectual property and Diane Hatzenhubler turns it into a Rob Millan thing. Go figure. And whether or not he had anything to do with using that photo is irrelevant; his campaign, his responsibility.

  2. Diane,
    It is difficult to know what Emanuele thinks. He does not respond to inquiries. In August I sent all three Mayoral candidates 10 questions and offered free photo sessions for their campaigns. No one took me up on the photos and only Bill Wills answered the questions. Since Emanuele had no posted email address, I took the time to print out the questions with an explanation and mailed it to the PO Box posted on his Facebook page. I never received a reply accepting or declining my offer.

    I was recently hired to take campaign photos and design material for both the 4th and 5th Ward Supervisors’ reelection campaigns. A quick look on their respective Facebook pages will show what the Mayoral candidates passed up on (for free).

    So please understand my dismay when the same campaign steals one of my copyrighted images to use for free without even asking permission. If Emanuele can’t oversee his own campaign, how is he going to run our City?

    Emanuele may not have personally taken my intellectual property, but he is ultimately responsible for its use in his campaign literature.

  3. diane

    Jerry, I do understand your thinking in this matter. I agree, his campaign, his responsibility. There is so much out there, and to hire a firm and find out they do not know all the rules, what do you do? Hopefully they will not do it again.

    And by the way, Barb’s new photo is great!

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