Be Careful Of The Avatar You Use
By pyewacket
@pyewacket (43903)
United States
February 19, 2011 9:39pm CST
Many of you may wonder why I'm not using my usual crystal gazing black cat avatar. I've used that photo when I first came across it around 2003--I've used it even before I had my own computer. What struck me about that photo was that number one it was of a black cat and I've had black cats all my life, the last to be Pyewacket who passed on April 19, 2010, and two, it reflected my Pagan/Wicca beliefs...in other words that photo fit me to a "t". Now yes, I have tons of my own photos I could have used, but that one really hit home. Also, as time went on, people automatically identified me with that photo.
Well last year around June of 2010 I got a friend request by a person over at Facebook. It turned out that the photo was of her cat and was photographed by a pro photographer. I can't tell you how elated I was to finally meet the persons involved with that photo. Anyway, there was "pleasant" messaging between us...at least for awhile...then she started saying how she's had to sue many people for using that photo....I related to her that I've NEVER used that photo for monetary gain--just as an avatar. She asked if I could at least give copyright credit to the photo, of which I immediately did. Then by happy accidental chance found the actual photographer that took the photo and added him as a friend to--I had actually been trying to find him so I could ask him properly for permission to use the photo and as I said I'VE ONLY USED IT AS A PROFILE/AVATAR NOT FOR ANY MONETARY GAIN. Well, finally finding the photographer I messaged him too to explain things and how I never used the photo for any other purpose than for an avatar/profile photo.. so things seemed okie dokie between the three of us.
Then, the other night, the woman who owned the cat in the photo messaged me again. Like I said, I thought things were okay between us and I DID give credit information about the photo---what seemed to tick her off is that one of my other friends used an application at FB to "clownify" the photo...I did NOT do that, but it sparked anger in her...I once more explained things to her and mentioned I didn't add that feature to the photo. I even messaged the photographer explaining things. I even OFFERED and was willing to pay some kind of compensation for the use of the photo. Neither got back to me. Well the next day when I went over to my profile page I was a "ghost"--meaning that no longer was that crystal gazing black cat on my page, but the default FB avatar...yes folks she reported me to FB and they not only deleted the photo but sent me a warning that a "third party" reported the photo for copyright infringement and warned if I did it again my account could be deactivated. So I resorted to using an actual photo of me instead (though might use one of my OWN cat photos in the future)
Now being a photographer myself I DO understand copyright laws, but I was also of the understanding that if one didn't use a photo for monetary gain and DID give copyright credit then one wasn't infringing on anyone's rights..also I did understand that I had permission to use it.
Now the reason for the discussion....many of us use photos, drawings, symbols that reflect our personalities as our profile/avatar photo and many of us really don't like the idea of using our actual photos--no I have nothing to hide, I'm just not thrilled in using an actual photo of myself--anyway...now you'll know the reason why I switched to my favorite photo of Pyewacket--but nuts, going to miss that avatar I've been using for years. Still can't understand though when I mentioned to both the woman who owned the cat and the photographer I was willing to pay compensation for the use of the photo.
So how about you? Do you use a photo, drawing, symbol that you've gotten somewhere and use it as a profile/avatar photo? If you do change it...either use an actual photo you've taken, or find a photo that is public domain and not copyrighted
13 people like this
36 responses
@GardenGerty (157555)
• United States
20 Feb 11
Oh, how tangled. How did you get it in the first place? I have always been careful and I only use photos of me, or photos I have taken, because it is so unclear at times about the rights to use the photo. I do not even upload photos that have been done by professional photographers, like school pictures. It is going to be quite different for you to have this different avatar.
2 people like this
@pyewacket (43903)
• United States
20 Feb 11
I have a copy of the book "Your Magikal Cat" in which the photo appears...when I used the photo before I had a computer I hunted the book up on a metaphysical book site to upload the cover of the book then cropped it..later when I had my own computer and scanner I scanned the cover
1 person likes this
@marsha32 (6631)
• United States
20 Feb 11
I've been a member of mylot for so many years that I don't even know what my pic is here! However, I normally use a photo of myself.
My teenager likes to find neat photos online to use and I have given her a warning about using things that aren't hers. She assures me that she always makes sure they are public domain photos and such.
Sorry to hear you had so much trouble.....interesting how long you used it before something was said.
Marsha
@marsha32 (6631)
• United States
20 Feb 11
I can see my photo now...old one taken at an old boyfriends house....about 4 years ago at least.
@moondancer (7433)
• United States
20 Feb 11
Hello pye, I don't know why those women went all crazy on you... as you know I use one of my own pictures of my Ninja as my avatar. I lost him last year next month will be a year ago. I just am not ready to change it yet and I have no idea when I will be ready to.
You should be able to splice together a picture of pye and a crystal ball somehow and make it your own to use. Never mind these fickle women.
1 person likes this
@worldwise1 (14885)
• United States
20 Feb 11
I would agree that that is much ado abouy nothing, pyewacket. It is a shame that the woman reneged on her word. I had been wondering why the familiar avatar usually associated with you suddenly went away - although your photo is indeed nice. I have also been using the same avatar for a number of years, and I assume that it is in the public domain since I got it off of an avatar site. I do know the title of my avatar but not who to credit it with. Like you, I would hate to suddenly find that someone accused me of breaking the law since I am not receiving any financial gain either. Curiously though, someone on FB who said she is an artist did recently ask for my permission to paint my avatar. I referred her to the site where I got it. Do hope you'll find one that you like soon.
1 person likes this
@pergammano (7682)
• Canada
20 Feb 11
I hear you loud and clear, pye! I know about proprietary rights and how protective people can be...I spent manyyears in the broadcasting business, withou t the benefit of computers and search engines...so had to be extremely cautious of domain and copyright issues. I truly am surprised, after so long, this issue has raised it's ugly head...as yes, your previous avatar definitely reflected what my image of you was....from your discussions. I truly hope there is NO more backlash from this innocent event. Take care and Cheers!
1 person likes this
@chavezrmc (6095)
• Philippines
20 Feb 11
i thought that if you want it private then never post it here in the net coz i believe that there's no privacy at all in the net. thanks for sharing with us what happened to you so we can aware in any situation that might be happening to us too.
1 person likes this
@Aurone (4755)
• United States
20 Feb 11
Well that sucks. What a terrible woman. Geez. I use my own pictures of my kitties for my avatars every where and I switch off. Ash some places, Carlye some places and now Freddie others. Wouldn't want any of them to get jealous. I understand the gripe for a professional or unprofessional photographer. I personally wouldn't be thrilled if someone was making money off photos of my cats but geez if someone like my kitties enough to use them as an avatar and then offer to pay me for it, I'd jump at the chance instead of reporting them to facebook. I would probably let someone one use them as an avatar for free.
1 person likes this
@ElicBxn (63235)
• United States
20 Feb 11
First, as much as I liked the other picture, I love the actual picture of Pyewacket! No, it doesn't have the "depth" of the other picture, but really did Pye NEED it?
Now, I have used this picture as my avatar since I started using avatars when I joined mylot - never having used one before. And, since I TOOK the picture, I've never had to worry about some third party complaining.
I know a lot of people here and on Facebook and other places use various pictures, including of actors. I guess that until they are told to take them down, they probably aren't going to do anything different.
1 person likes this
@zandi458 (28102)
• Malaysia
20 Feb 11
I am as ignorant as many people in the cyberworld about all these copyright stuffs. I feel so sorry to hear that your good intention of using the avatar has become an issue that could probably drag you to legal comkplications. My present avatar in mylot is picture of sunset I took in my place so I guess I am safe in using it and not infringing the copyright rulings. In the past years I have been using avatars I got from the net and luckily I have never encountered any problems that you are facing. In light of your recent happenings, it is best that we use our own self created avatars from our album.
@cream97 (29087)
• United States
20 Feb 11
Hi. pyewacket. I am very sorry about your avatar.
As you can see on my profile, this is a real photo of me. The woman on facebook was just causing trouble for you. I hope that once you change your photo, you won't have to worry about changing it again. Some people can be extremely aggravating!
As you can see on my profile, this is a real photo of me. The woman on facebook was just causing trouble for you. I hope that once you change your photo, you won't have to worry about changing it again. Some people can be extremely aggravating!1 person likes this
@celticeagle (159058)
• Boise, Idaho
20 Feb 11
I am sorry to hear you have had this problem with your avatar. I remember seeing it for several years at least. I have found and used pictures from all over the web. I have never had any problem with any of them. I think if a picture is copyrighted it has that in the corner of the picture. I bet if you were to copyright it yourself they wouldn't do a thing. It costs alot of money to take things to court and it usually takes a long time. But, anyway, you being a photographer I bet that between you and photoshop you could come up with a great picture of your own.
1 person likes this
@LadyMarissa (12148)
• United States
20 Feb 11
What a biotch!!! I paid for & I'm the subject of my avatar. So, unless I sue myself, I should be safe!!! I hesitated to use my real pic, but decided that with over 300 million people living in the US, around 10 million living in Georgia & living in a mall town NOBODY just drops in for a visit, it's very unlikely that I'll be walking down the street & hear "Hello Marissa"!!! 
I had wondered what had happened to your old avatar. 
I had wondered what had happened to your old avatar. 
@adnileb (5256)
• Philippines
20 Feb 11
whoa...! that was scary... Well, I used some pictures before but nothing happened like what happened to you. And from now on, I'd totally not gonna use other pictures from different site or person.
Thanks for sharing your story. Now, we'll be a lot careful.
@sarahruthbeth22 (43143)
• United States
20 Feb 11
I'm so sorry about your avatar. My symbol is a treble clef. I assume it is in public domain. I did lose it once but I found it and got it back.If I were forced to change it , I would use another photo of a treble clef.
1 person likes this
@scarlet_woman (23465)
• United States
20 Feb 11
nope,i usually use something of my own..
hmm..maybe i should see if one of my two black cats will pose with my crystal ball for you.boo probably would :)
1 person likes this
@pyrofortress (192)
• United States
13 Mar 11
Eeks, those people seem a little bit crazy, hah! Bummer that you missed out on using that photo any longer. They seemed to be extremely harsh to you. I'll remember that if I ever use an avatar, I still don't know what I want! I don't feel like I really want a photo of myself, just like you, so I may have some artist do a drawing of me. It'd probably be pretty cool anyway.
@alicia812 (646)
• Australia
26 Feb 11
Hi Pye. I have always been aware of copyright
laws since I studied Mass Communications/Media/
Journalism. I have never used a photo taken from
the internet for my avatar and I don't think I
will in the future. I prefer to use my own.
Sorry that you had that trouble with the photo
owner and photographer.
@loki1982 (780)
• Dallas, Texas
2 May 11
I can see your frustration but the original owner of the photograph does have rights. I take alot of semi professional photographs that I openly share on many different sites. If someone started using my photographs without my permission I would be alittle upset as well.
@LaDeBoheme (2004)
• United States
20 Feb 11
You definitely did everything right. It sounds like your friend doing the 'downify' thing (I don't do FB, so don't know what downify means -- download?) pissed her off, but you did offer to pay.
My avatar is a photo of me, taken by me (done with timer), so I am safe. But good advice. Many people think that anything they find on the web is up for grabs, but it is not. All if it is copyrighted, but the photographer or artist may elect to make it public domain or free for personal use. If one is not sure, than don't use it. Or get the creator's permission.
pyewacket, you did all you should. Most photographers would gladly give permission, especially when given credit. It is a good way to expose their work. This case sounds like an extreme and unusual circumstance.
