An Indian journalist from Niti Central investigates the Modi Facebook issue.
Personally I do support the photographers copyright ownership on the photos, but in this instance it seems like the Modi team downloaded the photograph from a wallpaper site claiming to give free images. So they downloaded the image not knowing the fact that it held any copyright. In fact, there are some other websites that are still offering the image for free download. See http://sajha.com/sajha/html/sharearticle.cfm?articleid=924676
So, the issue here is not Narendra Modi, but the websites that are offering the image as a free download. It is crystal clear that Modi's team did not willfully infringe on the copyright, and it is crystal clear that other sites are offering the image for free download even at this moment. Hence, in my opinion Modi's team is not to be blamed. After all, who would try to find copyright owners information when the images are claimed to be copyright free??
The photographer should now change the focus from trying to hold Modi accountable to taking legal actions against those websites who are offering his image for free download.
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http://www.niticentral.com/2014/10/24/narendra-modi-facebook-image-issue-niti-investigates-242036.html
A long-drawn controversy on the auspicious occasion of Diwali has arisen with regard to the use of a photo of Diyas by Prime Minister Narendra Modi on his social media accounts. A USA based photographer, claims ownership of that photo which, incidentally has been used on several websites including that of the Australian government, while alleging that the PM used the photo without seeking his permission or giving him credit.
According to Sources:
“The Prime Minister’s social media presence, which has been appreciated all over the world, is volunteer driven. Creative agencies also offer assistance. The photo is question was sent by a creative agency. It was brought to our notice that the same image has not only been used extensively on several other sites but also is available in sites that do not ask for permission. Thus, these are sites where there are no copyright issues.”
Sources also added that due diligence is done in such instances.
“Moreover, the use of this photo has been to extend wishes to millions of online followers of the Prime Minister and not to make any profit out of it”.
As soon as the issue appeared on social media and Internet, a mail was sent to the photographer according to Sources and he was requested to share the original image so that he can be acknowledged for his photo. But, the response of the photographer was neither positive nor did it seem like he is interested to move towards a solution, Sources add. The photographer it is believed said that no one could use anyone’s intellectual property/photographs without permission and that his lawyers and professional organizations “are working on it”.
Raj, the proprietor of the agency, which provided the photograph in question, rubbished the allegation that the photograph was stolen and described the allegations as wild insinuations.
According to Raj:
“This specific photo was available on prominent and legitimate websites on the internet which offer the option to download for free. In accordance with usual practice, we downloaded the photo and sent it. There is no question of ‘stealing’ anyone’s photo. If we knew that the photo belonged to the photographer as he claims it does, and if we would not have provided it or we would have obtained prior permission. These allegations and insinuations are far from the truth.”
Shashi Shekhar, CEO of Niti Digital, opined,
“That the photographer is making the most of this trivial issue is also very apparent. This appears to be a cheap publicity-seeking stunt by the photographer who is claiming ownership of the image. This gentleman seems to be more eager to get media mileage over a non-issue. Yes, digital copyright protection is a serious issue. But trivializing it in this manner with cheap media stunts does not help the cause.”
Bimal Nepal, the photographer responded, in what seems like a veiled threat in an interview to Buzzfeed, that no one could use anyone’s intellectual property/photographs without permission and that his lawyers and professional organizations “are working on it”. He also refused to give the copyright permission despite PMO’s offer that he would immediately be given credit for it if he can verify that the photo is indeed, his.
This rather trivial issue which has snowballed into an unfortunate controversy begs the question about the trail of this photo to its eventual use on several websites including the social media accounts of the Prime Minister.
The agency has explained to Niti Central the source of the image:
Acting on the disclaimer on the below mentioned link and with a bonafide intention of greeting people on the auspicious occasion of Diwali, we picked up this image from the following link:
http://www.appszoom.com/android_themes/wallpapers/diwali-wallpapers_iwwdv.html
The above mentioned link further displays a disclaimer, which is being reproduced below:
“All images are taken from the public domain and have no copyright attached to them. All images can be found freely and have specifically been chosen not to intend copyright restrictions. We also assert its rights under the “Fair Use” doctrine pursuant to United States copyright law and the equivalent in other jurisdictions.”
But to our dismay, someone claiming ownership of the said image has flooded the social media with false accusations. The moment we were apprised of the same we tried to reach out to the individual who claims to be the rightful owner of the copyright in the said image, so that we can credit him for the same provided he holds all rights including copyright to the said image. But as of today we are not in receipt of any reply from his end.
Australian Government Website using the same image
A TinEye image search by Team Niti Central revealed several other websites also using this image.
If the photo did find its way on websites offering free downloads without the knowledge or permission of the photographer who claims ownership of the same, it would help the photographer to direct his energies to curbing such unauthorized use. Unless, of course, he has consciously allowed the use of his photos on those websites and is now exploiting the fact that it appeared on the PM’s social media accounts. It is rather irrational to expect users of photos downloaded from prominent websites offering free download to trace its origin to the rightful owner. Moreover, to make a mountain of a molehill when the use of the photo is not even for any gain of any nature by its user (in this case, the PM) is very unfortunate.
If he does feel wronged with unauthorized use of his photo for free download on those websites, he has sadly, and, perhaps, deliberately chosen a target that would give him maximum publicity for a few hours. That conduct itself is rather revealing.
From website: http://www.niticentral.com/2014/10/24/narendra-modi-facebook-image-issue-niti-investigates-242036.html
Last edited: 28-Oct-14 02:15 PM
