Fairy Gardening org Open for Free Membership

posted in: Fairy Gardening 101 | 0

I think we've figured out a way to enable free membership but still have our images protected.  So if you would like to claim your own Fairy Gardening org page where you can post your fairy garden images (current limit of 10), please fill out the contact form and make sure you provide all the information.  The only public information will be what you choose to put on your page, e.g. Name and City, State.  Once your membership is approved, you'll get an email that will request originals of your fairy garden photos which will be webified (compressed for the web using Photoshop) and a copyright will be added with your name and the date the photo was taken or the fairy garden was made to protect your brand. 🙂

So let's recap the process:

  1. Fill out contact form with a minimum of your name and email address requesting membership.
  2. Receive email confirming your membership approval and requesting original images for your fairy gardens (current limit of 10, so you may have to send several emails depending on the size).  Note: Please don't count on us keeping your originals.  We use the originals to compress them for the web and add your copyright notice.  We don't have the space to keep the originals which are usually quite larger.  Any photos less than 1000 pixels by 1000 pixels won't be accepted.  Web compression is completely different than thumbnails.  They are full-sized images specifically compressed for the web.
  3. Send images and preferred username (4-8 characters).
  4. Receive email with username and password and a link to your Fairy Gardening org fairy garden page with your photos posted.
  5. Browse the member pages with full access to our vault of fairy garden photos.

If you have additional fairy garden photos that you wish to remain private, we can post those on private pages available only to members.  Pinterest has so far been cooperative in removing photos that are posted without the copyright owner's consent.  However, they rely on a web page with the original photo posted to prove ownership.  That requirement makes it difficult for copyright owners to prove ownership and get their DMCA notices acted upon.  Hopefully this site will remove that obstacle.

So here's a short explanation of copyright.  There seems to be confusion across Pinterest and the web about what is copyright protected and what is not.  Here are specific examples.

  1. You make a fairy garden and enter it in a contest.  The nursery who hosts the competition takes photos and claims copyright for those photos.  They CANNOT claim copyright for your fairy garden, period.  It's your fairy garden.  Anyone who takes photos of your fairy garden has copyright to their own photos.  The copyright covers the photo, not the fairy garden.  Many nurseries, particularly one in Seattle with a miniature gardener who claims to be the inventor of miniature gardening (she's not; the Chinese invented it centuries ago) has such competitions and then claims copyright for ALL photos taken of those fairy gardens.  You can't do that.  It's illegal.  She then goes all over Pinterest having photos of these fairy gardens removed although actually many of the photos were not even taken by her or her nursery.
  2. You take photos of someone else's fairy garden and post them online.  You get DMCA notices from the person who made the fairy garden (like that obnoxious Green Thumb miniature gardener in Seattle).  The photos are yours and taken by you; you are the copyright owner.  The person who made the fairy garden cannot hijack your copyright just because it's her fairy garden.  Nurseries in particular have a huge issue with this.  They do NOT own the copyright for the photos you take of their fairy gardens.  They are not in private yards.  They are in the public.
  3. You make a fairy garden and take plenty of photos with your copyright and name on the photo.  The fairy garden is in your yard and your personal garden, never seen by the public and never photographed by anyone  It's your copyright protected photo and yours alone.  Any copy of this photo or derivation of this photo can never be used by someone else without explicit written permission from you.  Period.  With one notable exception which many Pinterest bloggers are using to spam people.  The "fair use" law implicitly allows people to use your photos if they alter them significantly.  The question is what constitutes significant?  If someone makes a collage of fairy gardens and uses your photo, is that significant?  That depends.
  4. You make a fairy garden and take plenty of photos but fail to put any copyright or your name on the photo then post it on the internet.  It's copied and distributed by every search engine and none of those links go back to your original post.  Now you have the arduous task of finding all those photos and sending DMCA notices to get them taken down.  Good luck.  It's going to take awhile, maybe forever.  But if you create a page here and post your image, then anyone who comes across the other photos may be nice enough to comment and help you find them.  At the very least, everyone knows it's yours.
  5. I'm not a lawyer.  If you're really worried about it, consult a lawyer.  Having taken someone to court and won, I know how involved court proceedings are.  If you plan on suing, make sure you're in it for the long haul.  My case took two years.