Warblers everywhere
May 6, 2008 · Print This Article
This evening after having our meal, Sharon and I went to the back yard with the binoculars to do some bird watching. Flitting in the trees were a wide variety of Warblers, including two who now grace our life list.
Although I did not get any photos because of the lack of good light, our necks were aching after following the acrobatic birds doing there bug gleaning in the tree tops.
The Nashville and the Black and White Warblers were a first for us. I loved watching the Black and White move around the tree similar to how a Nuthatch maneuvers in a tree. Other Warblers would hover at times, trying for that juicy bug.
Among the madness in the trees, were American Goldfinches who would fool you for a split second as we tried to identify the bird action. At one point, 20 Goldfinches were either on the feeders or staging in the trees.
Most of these Warblers will be moving on to thier nesting areas, and I am hoping several species will stay and make our home thier home.
Here is the Warbler tally from this evening. (I am sure there are many more we missed, they are so hard to follow!)
Location: Bath, Maine (Home)
Observers: John & Sharon Briggs
Observation date: 5/6/08
Notes: Partly cloudy, temp low 50’s
Number of species: 8
Nashville Warbler 1
Northern Parula 4
Yellow Warbler 2
Yellow-rumped Warbler 3
Palm Warbler 3
Palm Warbler (Yellow) 2
Black-and-white Warbler 4
Wilson’s Warbler 2
This report was generated automatically by eBird v2
As a side note, I am finding more and more characters out there stealing my images. As a photographer, I am outraged when people grab photos off the web and use them without consideration of copyright. I’ve been fighting this “It’s on the Internet, so it must be free!” ignorance for more than three years now.
Folks, if you see any of my images on the net, especially without a credit back to me or my website, please email me and let me know. There are several entities and people who I have given permission to use my images and they have a credit line with the image.
Happy birding!
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I understand your point about using photos without permission. One fellow sent me to a copyright document that he felt proves that he can use whatever he finds on the net. He translated what he was reading in a much different way than I did. The document said you can take portions of a person’s internet writings and use them on your website as long as you provide credit and a link back to the original article. It said you are not allowed to use the entire piece of work.
Well, in my thinking, a photo is a complete piece of work, and if you use it without permission you are breaking copyright law - even if you do include info about the original photographer.
That’s my two cents worth.
David;
Exactly my point of view also!
Here are a few copyright law facts: (thanks Brad Templeton!)
“If it doesn’t have a copyright notice, it’s not copyrighted.”
This was true in the past, but today almost all major nations follow the Berne copyright convention. For example, in the USA, almost everything created privately and originally after April 1, 1989 is copyrighted and protected whether it has a notice or not. The default you should assume for other people’s works is that they are copyrighted and may not be copied unless you have given permission.
Postings to the net are not granted to the public domain, and don’t grant you any permission to do further copying except with the written permission of the owner.
Copyright is still violated whether you charged money or not, only damages are affected by that.
Copyright gives the creator or author of a work the power to control the work. The owner of the copyright has the exclusive right to control if, when, how and how often his or her work can be used or copied.
Permission to use a copyrighted work is called a “license.” A license must be obtained from the owner of the copyright prior to using the work. The license can be oral or written. Obviously, the use of a clearly written licensing agreement will avoid confusion. The writing does not have to be detailed to be effective. A simple letter or invoice is usually sufficient.
The unauthorized use of a copyrighted work is called an infringement. The Copyright Act provides stiff penalties for infringing copyrighted works. Under appropriate circumstances, penalties can include monetary damages, all profits earned by the infringer from the unauthorized use of the copyrighted work and attorneys fees. A court can also order the destruction of all infringing copies.
A copyright originates at the moment a work is created. For a written work, the copyright comes into existence as the words are typed, printed, or saved to a computer disk. For a photograph, the copyright is created at the moment the image is developed. If a photograph is taken with a modern digital camera, the copyright originates at the time the image is saved on a computer disk or on a hard drive. As long as the work exists in tangible form or can be understood or reproduced with the aid of a machine, it is copyrighted.
It is not necessary to have finite proof that an infringer copied a work in order to prove copyright infringement. Infringement can be established simply by proving that the alleged infringer had access to the copyrighted work and that the offending work is substantially similar to the original.
Some people just don’t care and think they will not get caught. You will get caught! You know who you are!
John