Hello to everyone! I think it is safe to say for the most part we all understand that buying digital images and making a CD and then selling it would be illegal. However, there are other forms of copyright infringement that some people do not even think about. Tonight I would like to take a little deeper look into what is referred to as stamp image swaps, aka RAKs , or just plain sharing.
Every time I have seen this issue brought up in a public forum there are always those crafters who defend it. They defend it by saying 'I want to try out a stamp before I buy it' or 'It is good for the stamp companies and increases their sales, sometimes that is how I find out about new companies' Granted these responses may be true once in a while, I highly doubt that is the usual case.
Why do I feel that way, you ask? Well, below I am going to show an example of a posting on a public forum. This posting is not an "exception to the rule" this is what we, at Stamp Out, have been finding by the dozens every week. What we find very little of, is a person asking for one image so they might try it out and see if they want to buy it.
I also might point out that if these swaps were really helping any company do you think they would be protesting them? Wouldn't they be encouraging them, in fact hosting them, if they were making money from them?
Do most crafters think their favorite company allows sharing/swapping? Just because it doesn't outright say in their angel policy that they forbid swaps, that does not mean that they allow them. Since reproducing and image and sharing it with anyone IS a violation of copyright, many manufacturers have never thought they had to spell it out in their policies. They might just have "no mechanical,electronic or no manual reproduction". They probably never anticipated the world wide web having such a negative impact on image theft . (Although I think we should have looked at it as a warning when all the music was being stolen via the internet) A lot of companies are now adding wording specifically to their angel policies so as to alleviate the belief that since it doesn't say no, it must mean yes. This does not mean it was okay before they changed their policy, or that they are even changing their policy at all. What this means is they are spelling it out for us. They are telling us what a copyright violation is. So, what I am saying is, unless it specifically says "swapping and sharing are allowed" or unless we write and ask a company if we can share their images and they say yes, then it is, by law, NOT allowed.
I also realize some companies are afraid of making the crafting community mad, and afraid it will hurt their sales if they spell it right out or say no, so they do nothing. I say to them, saying no will not hurt your sales near as much as these huge swaps and image sharing galleries do. Please stand up for your rights!
Now onto the belief that we should be able to try it out before we buy it. If someone sends a stamped image to me, they stamp it, I don't. Therefore, I dont think I am tyring it out at all. They are stamping it, not me, so I am not quite sure how that would be trying it out. However, I will play along with the premise that that is "trying it out". Why on earth should we be allowed to try it before we buy it? Really with the internet, blogs,crops and all the forums we can already see what the images look like when they are stamped and even colored, so there is no need to "try it". Also, I think many companies offer a freebie image digitally if we would like to get an idea of what their images look like when they are sitting on our table. Lastly, if we really feel we want to try it, well then we should just ask the company. They may be able to oblige us in some way.
Below is a screenshot of a post on a public forum. (Click on it to enlarge) This is what we see A LOT of!! I welcome your comments, questions and concerns on this issue!
Have a great night,
Have a great night,
Michelle Offenberger
Michelle, I agree with you. And this example is shameful! It's seems as though they are seeking these images to sell, not for personal use. I wish people would consider if they were the artist and seeing their products being sought after for free/swapping. It's hard to control all of this activity, but I'm sure that people don't post on a public forum that they want photocopies of the Twilight series or Harry Potter books.
ReplyDeleteI have no problem about not mechanically reproducing or selling stamped images. But--I will no longer buy from a company that does not allow image swaps. I see it as no different than ribbon shares, or other shares of art supplies. Ribbon is also designed by an artist.
ReplyDeleteI looked at the list to the right and I only have products from 3 of those so it makes it easy.
ReplyDeleteDonna you may not see it as different than sharing ribbon, however it is, let me explain.
ReplyDeleteYou can send someone your ribbon, or sell your ribbon for that matter. And, if you choose you can sell your actual stamp or give it to someone. What you cannot do is make multiple copies of an image and sell them or give them away. This is just like a book or a CD, while you can give that book away, or even sell it at a garage sale, you cannot make multiple copies of that book or CD and sell them or give them away.
Donna, we understand. It is perfectly fine if you don't purchase from companies who don't allow swapping. They don't WANT people who will be violating their ToU to purchase their stamps.
ReplyDeleteYou seem like you're a literate person -- so I refuse to believe that you don't understand what is being said to you over and over. Your logic that a ribbon equals a copyrighted image is fatally flawed.
Don't forget though - just because a company has not joined Stamp Out (yet) doesn't mean they allow swapping. You need to read each company's Terms of Use.
I'm really not into those mass theft thingies like on forums you described with the screenshot.
ReplyDeleteYou're right about being against that. I would be too. So I agree. But not with that last bit...
But, I guess I'm one of a few then who really likes to try before I buy. I twice bought a stamp which turned out to be horrible to color because those really tiny details you come across while coloring or is just not your type of thing once you have colored it. You don't really pay attention to that if you can only watch it, because then you watch the picture. Like a sweater which looks awesome, but once you wear it, it isn't that great after all, because it itches or a wee bit too small or the sleeves are too tight or just feels weird.
A question...
But what about stamps from certain companies overseas and they're not delivering in your country? And therefore you have to order them from another country or continent even? No digi's but wonderful rubber and/or clear stamps, but you have to order for a certain amount and all that. That's not really attractive for some people and certainly if you don't do internetbanking.
Just wondering. ;) Not having any intentions of copyright infringement.
I want to note that I absolutely love (to have) the original thing, but I maybe have offended some rules, but I rather don't.
And sorry for my not so very great English, I just hope that you understand my opinion and my question.
Also, I've seen enough images at clubs.nl and if you say something abouit it, then they act like you are the one who's doing wrong and not them. So you would almost think that something's wrong in their brain...
ReplyDeleteAnother question... if you don't like a stamp anymore then you sell it, same with a book or cd, but how about digital stamps? And how could you tell if you are a buyer of a secondhand digital stamp? Maybe a weird question... but I'm curious after I was thinking about it..
Hi Devlin!
ReplyDeleteIf you buy a rubber stamp you don't like, you may resell it because it is "physical property." So if you try it and don't like it you're free to part with it.
But Digital Stamps are very different. You do not purchase a "thing" you just purchase the "right to use it yourself" (for a very low price because there is no rubber.) Even if you don't like it, you may not sell or give it away, because it is "intellectual property" and always belongs to the artist.
So -- you can not ever legally buy a secondhand digital stamp. You may only receive one firsthand from the company or artist who owns them. This is why companies find it very important to track individuals (through registration on their sites and by making them agree to the Terms of Use.) If you see anyone trying to sell second hand digital stamps, it is a HUGE violation, please report them.
You also asked about stamps unavailable because of location -- of course it's illegal to get those through any sort of "black market" operation. There are lots of things that may be unavailable to us even if we want them -- but that doesn't make it okay to get them illegally. If you want a stamp that isn't sold in your country, you should email the company to see if there's a way you can purchase it. :)
I hope this makes sense. Please let me know if I wasn't clear or if you still have questions.
xoMo
Aha, ok I get it.
ReplyDeleteAnd I'll try. Although I don't like being threatened, just like you, by people who think that they're right while they're not. You know, like those students I read about. Same thing on those forums or clubs, when they find out. You know, it's so weird, they act like they own those copyrights and I think like hell no, copyright to what? On those images you stole and "made" yours and sharing the lot?
I must admit that I watched them and actually downloaded some I really liked, just for anticipatory pleasure (long live google translate ;)) with the intention to buy the original stamps, because it colors so much better with my alcohol markers. Printer ink gets smeared, which is just so ugly.
And I like printing them on my wishlist. Which is soeasy and handy when you have a wishlist printed on paper with the actual images, so you don't get confused when you order from a webshop or buying at a fair. Is that allowed?
Thanks a lot, your answer was really clear. And I wish you a lot of luck. You'll pobably never get piracy banned totally, but every little bit is good, right?
My heart is with you.
Hugs.
Hi Michelle - I definitely agree with you on copyright infringement. I just started a blog myself and need to add some citations for images I have used in my stamping creations which I have not done due to inexperience. I disagree with your terminology, however, in the case of RAKs. RAKs are "random acts of kindness" which are not swapping stamped images, but the act of sending a completed card or some other item to another person in either a social group you belong to in real life or an online group. All the groups who have RAK lists are not swapping prestamped, blank images or digital files of images for sharing (which would indeed violate copyright). If you have seen RAK groups which swap images, that is a misnamed group unless they believe RAK stands for something other than "random act of kindness".
ReplyDeletepmstamper I am sorry if I did not explain it clearly. I do realize there are RAKs that are sending cards or ribbon, and I was not referring to those. There are people that are stamping images or copying their digital files for other crafters and calling them RAKs also.
ReplyDelete