I received a love letter today. Well, actually, what I received was a cease and desist notice from Arty Eva. You would have thought that Arty Eva would have appreciated a link to her site, especially as the number of links to a site is a key factor in Google rankings. Arty Eva's email is below:
Dear Mr Duffy
I have noticed some traffic coming to my flickr.com page from your website 'industrial heritage ireland'.
I have not given you permission to use my images on your site so accordingly, if you wish to use the image I would require payment.
If you do not wish to pay for use of the image, please immediately remove all links to the image in question - that of Blacksod Lighthouse.
The use of copyrighted images without the explicit permission of the copyright holder is illegal.
Gillian Eva Golden.
A few points to be made here. I have not used Arty Eva's (or anyone's) images. I provided a link off a page in the IH Wiki to same. Not an embedded image. A text link. For her benefit, here is a link (again, not a copyright issue) to a legal firm in the US (the jurisdiction where this site is hosted) which advises that linking is not copyright infringement.
Now, if I had actually copied the image and loaded it onto my site with a bit of cropping, changed the hue a bit, there would be no way of Arty Eva noticing that her work had been appropriated. In addition, I notice that Arty Eva is using Flickr. I refuse to use hosting services such as Flickr as they invariably grant them selves a royalty free licence to use your image without your express consent. I assume Arty Eva has no problems with Flickr publishing her photo in any way it chooses. After all, being the diligent legal eagle, she read the T&Cs when she signed up.
However, obviously Arty Eva does not wish to have anyone link to her work. It is obviously so brilliant that Google will notice it without any else doing so. In lieu of the link to Arty Eva's photo, I have linked to this page.
Dear Arty Eva,
Herein lies the standard terms and conditions for you viewing any part of my website, all of which is copyrighted:
Schedule of Charges:
Access to any page hosted on www.industrialheritageireland.info: EUR25,000.00
Receipt of email sent by you/any person/entity acting on your behalf from any email address to any email address owned and/or controlled by me: EUR25,000.00
Receipt of any correspondence by post to any address at which I reside: EUR25,000.00
Each of the above charges are per incident and shall be cumulative.
This represents the sole contract between you and me and I have not delegated authority to anyone to waive these conditions.
For the benefit of anyone who is not Arty Eva, nor a representative or agent of Arty Eva, these conditions apply only to Arty Eva and/or her agents/representatives. There is no charge for anyone else to access this site as some of us realise that by sharing our skills, we benefit by improving the totality of human knowledge.
PS If you are Arty Eva, you owe me €25,000 as you have accessed a page (this one) on www.industrialheritageireland.info.
Days Hotel Belfast - located in a lovely area of Belfast where the Union Jack flies from every lamppost and the kerbstones are painted blue white and red.
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