Haverford Grad Says “Old Images of Philadelphia” Stole His Photos

Brian Hsu alleges some 200 acts of copyright infringement on the popular Facebook page.

If you live in Philadelphia and have a Facebook account, you’ve probably been exposed to Old Images of Philadelphia, the Facebook page featuring, well, old images of Philadelphia. Lots and lots of old images. More than 20,000.

The page and its creator, self-described “History Channel freak” and West Philadelphia resident Carl Manley, were the subject of “Share This: Old Images of Philadelphia on Facebook,” a Philly Mag piece that appeared on the Philly Post in January. “It’s sort of like therapy,” Manley said. “It was never my intent to make something that would touch people emotionally and spiritually, but the feedback is remarkable and overwhelms me. My page is tying into their memory banks.”

It sure is. Old Images boasts that it is “the most loved Philly page on Facebook”, and with more than 60,000 “likes” (by comparison, the Philadelphia Museum of Art has just over 57,000), the page clearly has plenty of fans. But Brian Hsu is not one of them.

Hsu, 25, is a 2010 graduate of Haverford College. While a student there, he developed an interest in architectural history, and in 2008, he started Brian Goes to Town, a blog featuring “then and now” photos of Philadelphia locations. (Manley started Old Images one year later). The “then” photos Hsu found in various photo archives, like phillyhistory.org, while he shot the “now” photos himself. Hsu also added historical information and commentary to each set, a task that Manley mostly allows his Facebook commenters to handle. The blog still exists, but Hsu hasn’t updated it since he graduated.

Recently, Hsu says he realized that Manley was using the blog’s content to populate Old Images on Facebook and that he was doing so without permission or credit. In at least one case, an Old Images “then and now” photo set is labeled “Made exclusively for Old Images of Philadelphia Facebook page,” although Manley’s “now” photo seems identical to the one on Hsu’s page.

By Hsu’s count, Old Images has used approximately 60 of Hsu’s original photos in about 200 posts, meaning 200 potential copyright violations. It’s simple enough to do, and it happens all the time. A couple of mouse clicks and, voila, copyright infringement. The Internet is an intellectual property abyss.

“He took many hours of my work,” complains Hsu. “For each post, it took me a minimum of two hours to do research, write about it, treating images in Photoshop, taking the pictures.”

Hsu did reach out to Manley to assert his copyright and to request that Manley remove the photos from Old Images. At first, according to a series of written exchanges that Hsu shared with me, Manley was apologetic. But he gave Hsu a technical excuse as to why he couldn’t remove Hsu’s photos. Hsu wasn’t buying it, so he persisted, and an annoyed Manley sent this response:

Go ahead and do what you have to do. I have no more discussions on this subject. I’ve tried every avenue to work this situation out amicably but you refuse to meet me half way. I have no more desire to communicate with you and any future e-mails or correspondence from you will be blocked!

Manley also has other detractors. Here, a comment from “Roman Zark” on our January post:

It is a shame that it takes a printed article to point out where Old Images copies and pastes the photos and info from, (there are many other sites too that Carl copies from that are much better than face book). as Carl is very reluctant to credit his sources. Oh and heaven help if anyone would comment with some helpful criticism, your comment will be removed and you will be blocked from further comments. I could go on, but I will leave it at that…

And a response from a commenter identifying himself as Carl Manley:

Roman Zark you sound like a jealous fool because I’m getting all that press. My page has over 55,000 likes and making negative comments about the good work that I have done, only makes you look like a idiot. It’s the like that old saying “If you’re not stepping on some toes, then you’re not doing something right and it’s quite obviously you’re toes have been stepped on ! get a life and stop hating on me because my Facebook page is more popular than the weak Blog you post photos on !

Hsu says he is weighing his legal options and that he has contacted Facebook about the alleged infringement. I emailed Manley asking him if he wanted to talk about Hsu’s accusations. I have yet to receive a response.

“This is a clear violation of my intellectual property rights,” says Hsu. “And it’s my opinion that anyone who really took history and research seriously, well, that comes with a commitment to respecting laws and properly citing sources, which is not done on his site.”

  • Cait

    Wow, Mr. Carl Manley is extremely unprofessional! I stopped looking at his page when there was the whole thing with Temple Urban Archives last year. Manley did the same thing to them and turned his fans against them! Manley posted on the Old Images of Philadelphia Page stating that Temple Urban Archives was accusing him of taking their photos without permission, which resulted in his fans visiting the Temple Urban Archives Facebook Page and posting negative things about them and their content. He has no etiquette or class. I will happily visit more reputable places to view old images of Philadelphia instead of visiting his Page (since he takes all of his photos from them anyway). I recommend everyone else do the same.

    • Carolyn

      I also unfollowed after that. Came back for a breif stint – just as obnoxious. No thanks!

  • http://www.facebook.com/bill.kenny.71 Bill Kenny

    If Manley isn’t profiting from this and his accusers can’t prove they’ve lost any money because of this, then it’s a non-issue. Move on people. As for Temple Urban Archives, most of its pics were taken by other sources, like the Bulletin, anyway. They’re supposed to be for public consumption, not hoarding.

    • vfiorillo

      I am not sure that the federal copyright laws make that distinction.

    • Sl

      There’s a big difference between “hoarding” and “wanting acknowledgement for the work you did, hoping people are going to ask your permission before reproducing that work, and being righteously pissed when people represent your work as their own and then are jerks when you confront them about it.”

  • Jon

    Just last month Manley insulted the librarians & archivists at Temple – accusing them of “not wanting to share Philadelphia history” simply because they used a watermark on their images. Yes – Temple does need to make a profit from their images so that they can fund the (expensive) supplies and manpower needed to preserve this history and make it available! Does he think archival preservation costs nothing?

    He knows nothing about it…I doubt he has spent much time in an actual library or an archive, and worse – his page causes less people to visit, patronize, and ultimately respect these valuable Philadelphia institutions!

  • http://www.facebook.com/profile.php?id=1228131501 Matthew Fulkerson Glenn Woodle

    why does this braineless college grad have to make life unbearable because he is not getting attention. Better check to see if he has any guns, he doesnt sound like he is wrapped too tight.

  • http://twitter.com/subjectiveyes Lauren H

    It’s not like dude is making a profit? It’s all just for fun. This Brian hsu guy sucks. Lame.

  • http://twitter.com/subjectiveyes Lauren H

    Also it seems like this Manley guy is like some bored Philadelphia dad type, so he likes old philly photos and barely knows how the Internet works, who the EFF Cares, let him do his thing.

  • Steve

    Congratulations on writing a piece on copyright infringement without mentioning fair use or public domain. Stealing ideas is not copyright infringement even if it is plagiarism. You must assert that Hsu owns the copyright for those images (and he doesn’t for the old ones) and that Manley doesn’t have fair use rights under the Copyright Act.

    • http://www.facebook.com/carl.manley1 Carl Manley

      First of all, Brian Hsu can’t claim the before pictures as his….. because they belong to the City of Philadelphia Archives (phillyhistory.org). Yes I understand that the after pictures are property of his if he took them his self, but he can’t claim the Phillyhistory.org pictures as his own because it’s just not right. Brian claimed that I violated his copyright protected photographs, but Brian also violated a Copyright by using the city’s photographs without asking them !