Blogging might seem like a super glamorous thing to do but sometimes, behind that world of sparkle, seemingly filled with limited editions or exclusive previews, hides a bitter truth.
Us polish bloggers don't own much.
Our cherished readers can quit visiting or commenting, what makes us original can be blatantly copied, even our signature swatch sometimes... However, if there is one thing we do own, it's our pictures. They're our intellectual property and obviously using them without our consent or in a manner we don't agree on is illegal under many countries' laws.
If I'm telling you all this it's because something blog related has happened and many of you have already addressed me about it so I figured I might as well post it for everyone to read.
*02/24/13 update* I have just found out thanks to one of my lovely readers who informed me in the comments and by email that The Shopping Channel (Canada) has used my China Glaze Tranzitions swatches on TV on Feb 1st around 0:11 am, with no credit of course...
I have never granted them permission to use those swatches nor have they informed me they had! This just proves once again how little respect they show to bloggers' work and property. I am sickened by such behavior :(
*02/25/13 update* Many of you have posted on The Shopping Channel's Facebook page to show their support and try to make the website take responsibility for their actions. I really want to thank you all for your posts and comments!
As it turns out, The Shopping Channel has just removed my pictures from their website. They haven't contacted me, apologized or offered compensation for using my work and benefiting financially from it on air and online for so long. Instead they are simply ignoring your posts and mine and replying to their "real" customers but I guess I should be happy now, right?
A little while ago, a contractor for China Glaze contacted me to tell me that she had seen and loved my Magnetix swatches and ask if she could use them on-air on The Shopping Channel in Canada and on ShopNBC in the US. In that very first email she wrote me, she told me that full credit would be given to my website and that she was willing to pay me for my effort. Obviously, it was a huge achievement for my blog and China Glaze being one of my very favorite brands, I immediately agreed.
After a few emails exchanges, it turned out I had to meet specific size requirements and they needed unwatermarked pictures, including 4 shades from the Magnetix I that I had bought or would have to buy for that purpose (i.e. not received as samples) and never swatched. At that point, since I had to work on something specific instead of just allowing them to use existing swatches, being paid for them sounded reasonable. Mind you, it was a very small fee, so it was more for the glory than the money LOL.
But this is when things started to turn sour : I worked for 2 entire afternoons to try and deliver flawless designs and pictures I would be proud to see on TV associated to my blog. I arranged to meet the very short deadline I was given, sent the contractor an email with a link to my google drive and an authorization to view the pictures and then, I waited... I thought she would contact me back very quickly. I thought she would love the swatches. She claimed she had loved the previous ones and these were much better in my opinion... All I received was a very blunt and rude email asking what "the little streak is in the middle of each design" were, that was pretty much all I got apart from the silence treament for a week. Honestly, I was astounded. First because she didn't even bother to write me a proper email to confirm reception... But also because she was rude and as you all know, those "streaks" are just unavoidable lighting reflections on shiny nail polish and definitely nothing new! Se had seen my previous Magnetix swatches, lighting reflection being very visible there too.
I think this is already pretty bad but what happened next as a real shocker!
I don't know why, but I googled my swatches, using the image search. And there they were, on The Shopping Channel website, no photo credit, no blog link, nothing... Not only did the contractor make me feel bad about my work, criticizing it and making me wait in vain for replies to my emails. But while I was waiting for her to deign email me back and well, also pay me for my work, my pictures had been savagely copied from my google drive and published on a website, which I never agreed on. It had all been done without my consent, without my knowledge and in complete disregard for my work and intellectual property. My pictures had simply been cancelled from TV airing, they had just ended up online instead.
When I saw that, I emailed my China Glaze PR contact and I must say that she has proved to be VERY trustworthy, professional, considerate and effective! The PR team took care of everything from that moment on and I absolutely renew both my love and trust to China Glaze!
However, I must say that I am disappointed in that contractor and really mad at The Shopping Channel. As it turns out, they are the ones to blame for this whole mess. They are the ones who refuse to add credit or links to the bloggers despite the contractor requests. They didn't mind publishing my pictures as they didn't mind that my swatches contributed in selling their entire Magnetix stock in less than 3 days. Actually, they don't mind that they are still online this very moment! (link1, link2)
However, I must say that I am disappointed in that contractor and really mad at The Shopping Channel. As it turns out, they are the ones to blame for this whole mess. They are the ones who refuse to add credit or links to the bloggers despite the contractor requests. They didn't mind publishing my pictures as they didn't mind that my swatches contributed in selling their entire Magnetix stock in less than 3 days. Actually, they don't mind that they are still online this very moment! (link1, link2)
Something very similar happened to Kelly from Vampy Varnish only in her case it's even worse! She provided all swatches for free and didn't even get the small compension I had. I strongly encourage you to go read her post and story as well here.
Like I said at the beginning of this post, we don't own much but we do own our pictures! I spend every spare moment working on my blog, often at the expense of my family, friends, social life or even sleep.
What would you do if someone stole something from you? Probably just go to the police.
Unfortunately, bloggers can't do that. Taking legal action against a huge company like The Shopping Channel (or ShopNBC for Kelly) requires a lot of time and means. Much more than the average blogger has and much more than Kelly and I have.
My pictures are on The Shopping Channel. They're a huge company and obviously they can do whatever they want with them. They've been there since January 29th and as Jean de La Fontaine would say, we're The Clay Pot and the Iron Pot.
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Unknown - Saturday, February 23, 2013
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