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It happened again. Another set of photos of mine were stolen and posted on the web without permission. Usually, I’m fine with just getting the photos removed. But this time, the story needs to be more public due to the actions of the thief.

On Sunday morning, I received an email from someone on flickr alerting me that one of my butterfly photos from the Butterfly Rainforest was in Tulsa7035”s photostream. I did a quick check – and yes it was my photo of the banded grecian shoemaker butterfly. After doing a little exploring of Tulsa7035’s photostream – I found two additional photographs of mine in her collection.

The first thing I did after finding the photos in her photostream was to make PDF files of the Flickr pages – and downloaded copies of the files to my hard drive.

Next I sent a letter to Flickr that met their rules under their Copyright and Intellectual Property Policy My letter was based on PhotoAttorney Carolyn Wright’s excellent letter in her Using the DMCA Takedown Notice to Battle Copyright Infringement.

And then I posted info on the theft, with links to the copies, to Twitter. From past experience, I knew that my twitter friends (and all of their friends) can be a great help in dealing with situations like this. Not too long after I posted my tweets, comments began to appear on the photos in her flickrstream – with links to my original photos.

I believe the comments caused Tulsa7035 to remove one of my photos from her flickr account. As of this morning, two of the photos are still posted under her account.

The two photos of mine that are still in her flickrstream are

A Giant Charaxes butterfly – my photo on flickr – and the copy in her photostream

A Golden Birdwing Butterfly – my photo on flickr and the copy in her photostream

Please note the difference between my photos on flickr and copies she posted. On the copies in her flickrstream – there are no watermarks on the photos. All the metadata is missing. They are posted with a creative commons license (rather than the all rights reserved I use).

In other words – by stripping all of my identifying information and changing the license – she effectively has turned my copyrighted photograph into  orphan works. If someone wants to license them, they have no way of knowing that I am original photographer and that I did not place the photos in the commons.  I no longer have control over these three copyrighted photographs.

Tulsa7035 has deleted several comments on the photos in her photostream linking her copies to my originals and identifying them as stolen photos.

Tulsa7035’s actions aren’t going to stop me from posting my photos on the web. I’ll continue to post them – watermarked with my copyright notice and with my contact info in the metadata. And I will file DMCA notices every time I find a stolen photo. Unfortunately, dealing with thieves is the price photographers have to pay for sharing our work on the web.

There is, however, a bright side to this entire mess. In the past 24 hours, I have received so much encouragement, support and help from my network of friends on Twitter, Facebook and Flickr. They have posted spectacular comments on Tulsa7035’s flickr account, filed complaints with Flickr, provided me with contact info to help get this resolved – and emailed, tweeted and FB commented so much wonderful supportive notes. Thanks everyone for all the help – having online friends like I’ve got makes it much easier to deal with the occasional photo thief.

Hopefully, I’ll be able to post soon that the stolen photos have been removed.

Update – Monday evening – Flickr has let me know that they have taken appropriate action. My photos have been removed from Tulsa7035’s account.

Thanks again for all the help in dealing with this mess. I really appreciated all the wonderful comments my friends made on the photos on Flickr!