tom
11-22-2004, 10:53 PM
This post is an extension of one in the Lounge (about African v American cichlids or something). Rather than further hijack that thread, here's a brand new one.
You know that quiz on law stuff that no one took? There's a copyright question in it. This is the longer version.
Twenty people just went "Hey!"
Don't flatter yourself: This post is aimed at no one in particular.
From the site policy:
You agree not to post any other person's copyrighted material.
(We can discuss texts and other material some other time)
In a nutshell, if you don't have the right to publish photos, don't.
How do I get the right?
If you're not the owner of the intellectual property, then you can get permission in writing from the owner. Most people will grant you such permission, and they do appreciate being asked. Wouldn't you?
I don't have permission, but I am giving the owner credit for the photo.
Credit, schmedit. You must get permission. Period.
What about Fair Use? I read that the Fair Use doctrine allows me to post the photos of others as long as it's not for commercial use
Let's take a look at the Fair Use provisions of the U.S. Copyright Act:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A , the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords 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-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
You can't isolate any factor; all are considered together.
In other words, even if a photo is being used for nonprofit educational purposes (1), any claim to Fair Use may fall flat under (3) unless maybe you use the upper left corner of the pic or something.
This pic doesn't have a copyright notice or even a name. I can use it, right?
Nope. Since 1989, copyright notices haven't been necessary to protect a work.
I didn't upload the photo. I'm just linking directly to it so that it shows up here.
That's even worse. Not only are you stealing another's work, but you're also stealing his bandwidth. Sheesh! Hotlinking: It's a Bad Thing.™
But I see lots of sites with illegal pics on it all the time.
So?
I don't live in the United States. nyah nyah
Is your country of residence a signatory to the Berne Convention?
Nyah Nyah Nyah!
Gimme a break. No one really gets in trouble for this stuff.
You obviously haven't been caught...yet.
Remember that a photograph is property. That means it usually belongs to someone. Treat is as you would any other property and common sense should dictate most of the rest.
Copyright © 2004 T. Fowler
Use without permission and I'll sue your ass.
You know that quiz on law stuff that no one took? There's a copyright question in it. This is the longer version.
Twenty people just went "Hey!"
Don't flatter yourself: This post is aimed at no one in particular.
From the site policy:
You agree not to post any other person's copyrighted material.
(We can discuss texts and other material some other time)
In a nutshell, if you don't have the right to publish photos, don't.
How do I get the right?
If you're not the owner of the intellectual property, then you can get permission in writing from the owner. Most people will grant you such permission, and they do appreciate being asked. Wouldn't you?
I don't have permission, but I am giving the owner credit for the photo.
Credit, schmedit. You must get permission. Period.
What about Fair Use? I read that the Fair Use doctrine allows me to post the photos of others as long as it's not for commercial use
Let's take a look at the Fair Use provisions of the U.S. Copyright Act:
§ 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A , the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords 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-
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
You can't isolate any factor; all are considered together.
In other words, even if a photo is being used for nonprofit educational purposes (1), any claim to Fair Use may fall flat under (3) unless maybe you use the upper left corner of the pic or something.
This pic doesn't have a copyright notice or even a name. I can use it, right?
Nope. Since 1989, copyright notices haven't been necessary to protect a work.
I didn't upload the photo. I'm just linking directly to it so that it shows up here.
That's even worse. Not only are you stealing another's work, but you're also stealing his bandwidth. Sheesh! Hotlinking: It's a Bad Thing.™
But I see lots of sites with illegal pics on it all the time.
So?
I don't live in the United States. nyah nyah
Is your country of residence a signatory to the Berne Convention?
Nyah Nyah Nyah!
Gimme a break. No one really gets in trouble for this stuff.
You obviously haven't been caught...yet.
Remember that a photograph is property. That means it usually belongs to someone. Treat is as you would any other property and common sense should dictate most of the rest.
Copyright © 2004 T. Fowler
Use without permission and I'll sue your ass.