Home › Forums › West Seattle Rants & Raves › RANT – real estate broker Laura Miller, Catalyst Commercial Partners
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June 22, 2009 at 8:00 pm #591308
cjboffoliParticipantI’ve contributed a lot of images to the West Seattle Blog since my first one in 2007. Though many of those photographs were paid assignments from the editors, the vast majority of the images I have contributed have been produced without compensation simply as a public service for WSB readers and because I believe in what Patrick and Tracy have built from whole cloth.
For every fire, car wreck, water rescue and police action that I’ve gone out to in the wee hours of morning (usually in the cold and wet), there are dozens of instances that have turned out to be nothing. No photograph. No story. Shooting hard news for the WSB is often interesting and challenging. But in comparison to my paid work for magazines and for fine art images it can sometimes be a tough slog.
As anyone who puts their images on the web will discover, the Internet has made it easy to steal copyrighted material. From time to time I have discovered some of my images that had been downloaded from the WSB and reposted to other sites. In most cases these were just individual bloggers who were probably just a bit thoughtless. I’d usually send a polite request that they take down the image and they generally comply. No harm, no foul.
But something happened recently that was quite different. While doing some research on commercial properties for sale in West Seattle I stumbled upon one of my photographs being used in a six-figure commercial real estate listing. The image had appeared on the WSB shortly before the business had closed and been listed for sale. Five months had elapsed since I stumbled upon the image which I assumed had been in use all that time. My photograph had apparently been downloaded from the West Seattle Blog story and re-posted to the listing. No one had ever contacted me to ask for my permission to use the image. Much more odious was the fact that they had posted a copyright “flag” on top of my image and were representing it as their own.
I immediately sent an e-mail to both the listing agent, Laura Miller of Catalyst Commercial Partners, and to the webmaster for the website where my image was listed. The webmaster responded almost immediately with a polite apology and removed the image from the site within 24 hours. She told me that the listing agent, Ms. Miller, was responsible for uploading the image to the listing and had knowingly ticked a box verifying that she had permission to upload the image. She pledged to follow-up with Ms. Miller regarding the violation.
Despite my attempts to contact Laura Miller about this matter she has chosen to simply ignore the situation. She apparently seems to think that mistakes (including decisions of questionable ethics and legality) can simply be ignored. I probably only ever expected a simple apology from her. But feeling cheeky from her failure to take responsibility I mailed her an invoice for the comparable value of the image she had used without permission. Unsurprisingly, she ignored that too. I’ve seen her name on big-time commercial real estate listings all over Seattle so I’m guessing she’s either too busy to deal with me or perhaps has some sort of philosophical problem with Title 17 USC (the US Copyright law that protects copyright holders from having their work appropriated by commercial interests).
Stealing copyrighted material off of the Net for your own financial gain is clearly not as dramatic as smashing a car window and stealing a bunch of someone else’s property to sell or pawn. But I’d argue that they are akin to one another. What incentive do artists have to create if their work can be commoditized for the financial gain of others with no recourse or responsibility? Why should some commercial clients pay me for my images when others can just take my images for free and use their value for their own profit?
I have never met Ms. Miller personally and have never had any business dealings with her. However, I wanted to post my experience as a caveat for others in the community who may cross paths with her.
June 22, 2009 at 8:25 pm #670292
KBearParticipantMany people mistakenly believe the Internet is their own personal clip-art and stock photo gallery. I hope you’re able to disabuse Ms. Miller of that notion and get some compensation.
June 22, 2009 at 8:46 pm #670293
orchapParticipantI have always felt that using another person’s work should only be allowed if no financial gain can be had. In my case of writing a blog about beer it is often difficult when the work done is not for profit and yet I still take the time to at least notify the owner that I would like to use their image. In most cases if its time critical a simple link back is often my practice.
I am saddened though that someone would upload material as their own. My condolences on the headache you have had regarding this “small” matter.
Cheers
June 22, 2009 at 8:56 pm #670294
marcoParticipantLook at the bright side: At least they didn’t link to the image on the WSB server :p
June 22, 2009 at 10:54 pm #670295
DianaParticipantYour rant is well writ. I would not let this slide. If your invoice is not paid within a reasonable period of time (30 days) I would send a formal final notice. If still unpaid, Small Claims Court is an appropriate venue for further action.
June 22, 2009 at 11:11 pm #670296
cjboffoliParticipantThanks for the words of support everyone.
Diana: You may be interested to read about a case that saw the inside of a Federal Court in Florida last year:
The merits are almost exactly the same. In that case a real estate company used a bunch of photographs without permission and the photographer sued. The court not only awarded the photographer a judgment for the copyright infringement but also tacked on statutory damages that were based on a percentage of the value of the real estate being listed. The verdict was in the neighborhood of $12 million!
June 22, 2009 at 11:24 pm #670297
GenHillOneParticipantJune 22, 2009 at 11:42 pm #670298
miwsParticipantYes, good luck on this Christopher.
GHO, I was thinking similarly, that if Christopher pursues this and reaps a big award, he’d be buying bacon for everyone! ;-)
Mike
June 22, 2009 at 11:55 pm #670299
GinaParticipantPhotographer Les Kelly has been pursuing this type of stuff for years.
http://adland.tv/content/short-chat-leslie-kelly-about-copyrights
June 22, 2009 at 11:56 pm #670300
clark5080ParticipantI have had a couple of my images taken off web sites that have permission to use them and then used on ebay listings. I stand behind you Christopher and this real estate company should definitely pay you and than some for using it without permission.
Jim Clark
June 23, 2009 at 12:14 am #670301
B-squaredParticipantBest of luck, Christopher. i admit that i am surprised that a real estate agent would not try to “nip this in the bud” quickly as positive word-of mouth is an important aspect of the realty world. and it is typically quite easy to find the credits for the photos seen on WSB. karma-time!
June 23, 2009 at 12:39 am #670302
cjboffoliParticipantB-squared: I’m surprised too. It would have been so easy to apologize and to be responsible. By ignoring my e-mails and the invoice I mailed her this woman has made the situation that much worse. The smarter business decision would have been to take responsibility and have the situation resolved definitively. But there seems to be a certain degree of arrogance on display here that’s really disappointing.
June 23, 2009 at 1:07 am #670303
JoBParticipanti hope you pursue this… it isn’t just unethical.. it’s stealing.
June 23, 2009 at 2:12 pm #670304
TheHouseMemberStop being a baby about the situation. You state on one hand that if someone removes your pic there is “no harm, no foul” and then gripe about an apology after the Webmaster took the photo down (mind you he complied with your request).
This sounds like an innocent mistake similar to what you describe in the beginning of your RANT.
I’d drop it and move on.
June 23, 2009 at 2:29 pm #670305
GenHillOneParticipantYes, the webmaster complied quickly – rave, but the webmaster isn’t the one who knowingly clicked the box stating she had permission to upload the photo (for business purposes at that) when she didn’t – rant. You just can’t do that. At worst, it’s illegal and at best, it’s lying. It should be enforced when possible.
June 23, 2009 at 2:39 pm #670306
cjboffoliParticipantIn my mind the distinction is between a blogger who grabs the image and uses it without personal gain and a commercial real estate agent who uses the value of the image for profit and knowingly falsifies a copyright notice. Both acts are wrong but it becomes an issue of the degree.
The webmaster at the CBA site acted professionally and responsibly. The real estate agent (who must pass an ethics test in order to be licensed by the State of Washington to sell property) has avoided responsibility and has acted unprofessionally.
June 23, 2009 at 3:15 pm #670307
JoBParticipantperhaps you should send her a letter cc’d to your atty that unless she contacts you to make restitution you will report her ethics violation to the real estate board.
the theft of intellectual property is no small matter… these days i would bet more Americans earn their living creating code.. or pictures.. or words.. or… than by old fashioned manufacturing.
If intellectual property rights aren’t enforced here.. we don’t stand a chance of having them enforced globally…
my guess is that your pic is not the only one that has been appropriated…
it is one thing to give permission to use an image or phrase…
and another entirely to find your content elsewhere without attribution.
June 23, 2009 at 3:26 pm #670308
DMParticipantHe’s not being a baby about it. This is his livelihood. Falsifying a trademark is NOT an innocent mistake.
If this type of theft is allowed to slide, the more it will happen.
June 23, 2009 at 3:47 pm #670309
MargLMemberThe other side effect her unprofessionalism has caused is a cached account of this forum dialog in Google that will appear if anyone searches for her name and business.
June 23, 2009 at 4:36 pm #670310
colleenharrMemberGood for you! I agree about the idea that she’s using the photo for the gain. And the in ability to be a grown up when getting caught makes it even worse.
Yes, people do use the internet as their own personal photo gallery. Reminds me of photo issue ABC had with their GH Night Shift Show–they had a prop photo used in a series of shots, which you can only imagine some intern found on the internet, of a 5 year old boy–turns out the boy had been murdered a few years prior and the photos had been from an article about that. They figured it out when a family member had been watching the show, saw the photo, and complained.
June 23, 2009 at 4:48 pm #670311
IrukandjiParticipantChristopher, I wish you the best in your pursuit here.
I’ve had the opportunity to communicate with you in the past regarding the use of your photos, and you were forthcoming and reasonable regarding their use. It sounds like you are stuck dealing with a woman both immature and selfish. I’d be happy to track down recommendations for an excellent attorney for you should you choose to go that route.
June 24, 2009 at 5:22 am #670312
JeannieParticipantYour actions are entirely justified, Christopher. Best of luck in pursuing a satisfactory outcome. And thanks for all the great photos you provide for the blog!
June 24, 2009 at 5:50 am #670313
cjboffoliParticipantThanks for the words of support everyone.
Irukandji: I actually already have excellent lawyers on retainer. But I’ll probably not make a big Federal case and seek statutory damages. A small claims action is probably sufficient to get my point across and to enforce my copyright.
June 24, 2009 at 6:37 pm #670314
Seattle BabsMemberContact the NWMLS, she may get a hefty fine for using your pictures. NWMLS 425.820.9200
July 19, 2009 at 12:50 am #670315
KevinParticipantChristopher,
I was just taking a look at the Catylast website. Have you considered contacting the founder/owner of Catalyst. His contact information is there for all to see on their web site.
It would be interesting to see what sort of response you might receive. After all, she is tainting the reputation of his company. Perhaps you have already been down that road?
Consider the following two bullet items taken directly from their mission and values page:
+ We adhere to the highest ethical standards, conducting our business with the utmost honesty and integrity.
+ We consistently treat our clients and our colleagues with honesty, courtesy and respect.
Granted, pretty typical corporate speak, but most embarrassing when you are caught with your pants down. Or perhaps I should say “panties” in this case.
I would continue to pursue this even if you don’t get any money. Knowing you, I don’t think it is about the money.
Just this woman’s obvious arrogance and lack of professionalism would be enough to keep me on her trail. You are probably not her first or last victim.
Please keep us posted on the saga!
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