A Note about Copyright Law and the Right to Free Expression (updated Oct. 26, 2001)
The Purpose of This Web Page
This page constitutes a published research paper. As such, it contains
information and photographs from other web sites and books, as well as
my own photographs and material. This page has unfortunately become quite
controversial. I would like to state that I do not intend any slander
against these Anatolians nor their owners. The owners are no doubt
devoted to their dogs, and they love them just as I love mine.
My sole objective is to help preserve the indigenous breeds of Turkey, and to defend the right of the Turkish people to define and conserve their own native breeds. There is no profit motive; I own two Kangal Dogs, I breed rarely and my "hobby" generates no profit whatsoever. My concern for the breed grows out of personal interest in the native Kangal Dog breed, not out of financial interests. Thus I spend a great deal of my time and money researching in Turkey and in the US to study the dogs, and I present what I have learned to those who are interested.
However, there seems to be a reluctance on the part of many Anatolian owners to understand the origins of their breed or to explain the extreme variety expressed in the breed. For people new to Turkish breeds, however, there is a need for accurate information about these dogs, and my intention is to research and provide such information to the best of my ability.
Distinguishing between Research and Opinion
Research without hard evidence, including proper documentation of source
material, cannot be considered reliable. Therefore, the source of the photographs
used here are fully documented, in accordance with standard academic principles.
They are in essence no different from including a quotation, properly cited,
from a publication--and one does not need to ask permission to quote from
original sources in an academic paper. If there were not this freedom of
expression, no one would be able to present arguments on disputed topics,
and there would be little advance in science or thinking.
These photographs are necessary in order to support my thesis: that there is considerable variety in the American-created "Anatolian," and that this variation reflects the inclusion of pariah dogs, mixed breeds, and foreign breeds in the foundation of the breed. It is not considered a 'breed' in Turkey, as Turks themselves know that most dogs in Turkey are of very mixed background. As such, the Anatolian defies the concept of "breed" as it is defined by experts and understood by laypersons.
Legal Threats
Some ASD owners have expressed dismay that their dogs are depicted
on this site, and some have threatened lawsuits or worse. One angry
woman has gone so far as to threaten a lawsuit, and claimed for over a
year on her web site that the issue had "gone to the courts" and that her
lawyer will soon write "another letter" to threaten me. Of course,
there was no lawsuit, and no lawyer has ever written to me. It is pitiful
that people are driven to tell such ridiculous fabrications, not to mention
the angry hyperbole that accompanies the lies. She is only one of several
to accuse me on the internet of criminal behavior, of publishing lies and
slander, and of including dogs on my ASD page that are not purebred Anatolians.
I have done none of the above. There is no slander here; everything presented
on this page as fact is verifiable, my opinions are grounded soundly in
the facts, and all of the dogs are indeed registered Anatolians. With one
interesting exception, they are not atypical. Some are Anatolian
show dog champions.
Thoughout my web site, I present conclusions based on objective study; I back up my information up with facts and publications, properly cited. I provide an extensive bibliography of published resources, as well as articles written by respected experts in animal breeding. I challenge those who publically insult and threaten me to exhibit the same level of scholarship. The right to free expression, in my code of ethics, does not extend to the right to spread malicious lies and gossip. I do not play that game.
Nevertheless, I have been publically accused of criminal copyright infringement, and of unethical behavior. Let's look at each of these claims.
Some of these photos were taken by myself or my friends. Others come
from web sites and are properly and legally cited. People who wish to waste
their money consulting lawyers are welcome do do so, but the photos on
my web site are in fact published according to U.S.
Copyright Law under the Fair Use clause. I'll just reproduce that clause
here for folks who can't read pdf files, or who cannot be bothered to search
the web for this law:
107: Limitations on exclusive rights: Fair Use
Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or phone records or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use, the factors to be considered shall include:
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work. (added pub. l 94-553, Title I, 101, Oct 19, 1976, 90 Stat 2546)
Interpretation: You are allowed to use works, including photographs,
for the purposes of critical analysis and education. You are not allowed
to copy entire articles, books, or collections without permission, but
you can certainly copy bits and pieces without permission. Scholarship
would be impossible if everyone had to gain permission for everything used
in a critical analysis!
Copyright protection for photographs and other graphics protects ART that has intrinsic value AS ART. It would be difficult indeed to argue that any of these photos constitute "Art", or that I diminish the value of the photos by using them to illustrate my thesis, or that I profit by using them.
Also, I am certainly free to photograph anyone's dog and put up the picture. And as long as I do not misrepresent it or tell lies about what I am portraying, and as long as I faithfully cite the sources of the material I use on my Web site, I am certainly within legal bounds to use publically-available photos from the Web under Fair Use.
Ethical Issues
The owners whose dogs I present here are all fond of their dogs, of
course, and probably would not mind if I presented them in a flattering
context. Some say that I should have asked permission--to which the answer
would have been "No" of course. So that's a red herring. Some say that
since I would never have been given permission, I should not use these
photos. To them I ask: is it OK for Anatolian breeders to photograph Kangal
Dogs in their native region, put them up on a web site, call them Anatolians,
and then claim that they are not a breed at all but "just a color variety"
of some breed the Turks have never heard of and do not recognize? Did anyone
ask any Turkish villagers if they could post photos of their native dogs
in order to misrepresent them as "Anatolians"? No. On the other hand,
I have not misrepresented anyone's dogs. Did anyone ask Turkish people
for permission to export their national treasures, crossbreed them with
other types of dogs, and then denigrate the foundation breed? I think not.
So who is guilty of unethical behavior?
Is it OK to use Kangal Dogs and part-Kangal lookalikes in advertising for Anatolians, without properly representing the breed in all its true shapes and colors? No. But that's what is happening almost universally, on the web and in magazine ads, newsletters, etc. Too many people have been hoodwinked into accepting the Anatolian "they're-all-the-same" point of view by means of such unrepresentative photographs. There is no better way to make my point about the variability and lack of "breed consistency" in the Anatolian than by using real photographs.
This page was published because there is a clear need to address the blatant misinformation currently being propagated as "fact" with regard to Turkish dog breeds on many Anatolian web pages. These web sites have for years presented bizarre speculations, hostile remarks, and baseless rumors denigrating Kangal Dogs; they present personally slanderous gossip against Turkish people, the Turkish government, and other individuals who are committed to Kangal Dog breed preservation--and without any sort of documentation or basis in fact. Anatolian web sites proclaim that the only difference between Kangal Dogs and Anatolians is coat variation; my web site shows clearly that the differences go far beyond color and coat length.
This is not to say that these are bad dogs, nor that all Kangal Dogs are excellent specimens, nor that all Kangal Dogs will fit the ideals of the Kangal Dog standard--no breed can claim that. But the concept of "breed" does imply to most people a certain uniformity of type... These pictures speak a thousand words. Perhaps that is why this particular page has elicited more angry commentary than anything else on my web site--or perhaps people just prefer to look and react rather than to read and ponder.
I am sorry if these photos offend anyone, but my interest is in the preservation of native Turkish livestock guardian breeds, particularly the Kangal and Akbash Dogs, and I cannot hide the truth for the sake of nice people who are unwilling to examine the real origins of their Anatolians. And I certainly refuse to be bullied by those who substitute hostility, lies and slander for rigorous investigation and analysis, or whose childish notion of counterargument is to spell the proper noun "Kangal" with a lowercase "k". Those who threaten legal action and send me hysterical emails about "contacting my lawyer" are blowing hot air and perhaps a wad of cash. Using legal intimidation seems to be the American Way these days. Anyone can find a lawyer who will make harrassing phone calls and send threatening letters for money, whether there is a real case or not. I stand by my facts, my ethics, and my dogs.
I wish you all well, even those who wish me ill and who find my beloved Kangal Dogs threatening to your personal world view.
--Sue