Copyright Infringement: Images you can and can't share on your blog
Copyright infringement occurs when
Someone other than the copyright holder copies the "expression" of a work. That means the infringing work is substantially similar to the copyrighted work.
An owner of a copyright owns a bundle of rights. Infringement occurs when one of those rights is used without consent. The rights include:
- The right to reproduce the work
- The right to derivative works
- The right to distribution
- The public display right
- The public performance right
Copyright applies to both published and unpublished works as soon as the original work is created.
Copyright is automatics and does not require the creator to file special paperwork (like for trademarks and patents).
Posting copyright-infringing content can lead to:
- The removal of your post
- The removal of your blog
- Lawsuits
The Fair Use Doctrine
The Fair Use is in place to allow for limited and reasonable uses as long as they do not interfere with the owners' rights.
Fair Use allows copyrighted works to be used without permission to benefit the public. Example: In a book review you wrote on your blog, it's okay to use an image of the book you did not photograph
the copyright Act says Fair Use is for purposed including:
- Criticism
- Comment
- News reporting
- Teaching
- Scholarship
- Research
To determine Fair Use, courts examine four factors:
- Purpose of use
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- Nonprofit
- Educational
- Scholarly or research
- Transformative: repurposing, recontextualizing, creating a new purpose or meaning.
- Amount used
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- Using only the amount needed for a given purpose
- Using small or less significant amounts
- Nature or type of work
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- Published, fact-based content
- Market effect
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- If there would be no effect, or if it is not possible to obtain permission
As a blogger, you're financially liable for posting copyrighted images even if:
- It was an accident
- You resize the photo
- You immediately take the photo down
- You have a disclaimer on the blog
- The photo is licensed to your web developer
- You do not make money from your blog
- You credit the photographer
- You found the photo on the Internet
How to Search for Approved Images
Know copyright labels
Copyright
- The copyright holder reserves all rights provided by copyright law
- You can use a copyrighted image if it can be considered fair use
Creative Commons
- Creators can communicate which rights they reserve, and which rights they waive for recipients and other creators.
- Often denoted as "some rights reserved"
- Usage depends on the rights the creator chose to retain and relinquish. These rights may change after you us the photo
- Always require attribution
Public Domain
- The creator has dedicated the work to the public domain by waiving all rights
- You can copy, modify, distribute, and perform the work (even for commercial purposes).
Fair Use
- You can use these images on a case-by-case basis following the four factor test (purpose, nature, amount, effect).
- Stock photo services, create commons licenses, and public domain repositories of image are not subject to fair use
-
- Stock photo services require you to pay for a license
- Creative Commons licenses grant the right to use images under certain circumstances.
- {public domain images are not subject to copyright.
How to Properly Attribute Images
Copy the URL of the image and the name of the photographer
Consider sending a message to the photographer to thank them for making it available under Creative Commons.
It's also a good idea to tell them how you plan to use it
When you upload the image to your blog, add an attribution in:
- The image alt tag
- The image title tag
- This will allow people to see the attribution when readers hover over the image.
Either in a caption or a note at the bottom of the post, list who took the photo and include their photostream (if they request this).
Treat infographics, Slideshares, and other visuals the same way
- Include a link to the original source's website where the visual lives
- Include this person's name in the text
- Try to uphold image quality when republishing the content
- Use an embed code when possible
- If an embed code is not provided, you may include instructions such as, "click to enlarge"
For company trademarks you may use them to refer to the company or its products. They cannot be used to suggest the company endorsed you.
Two golden rules to remember:
- You may include an attribution to the photographer or a link back ti their site, but it does not always protect you from copyright infringement
- You may avoid copyright infringement by asking the photographer for permission to use a photo.
Copyright Infringement Cases that Made Headlines
Buzzfeed
In 2013, a photographer filed a lawsuit against BuzzFeed, demanding damages that could total more then $3.6 million.
He claimed the news media company infringed his copyright in a photo he posted on Flickr in 2009 of a soccer player heading a ball.
Getty Images
A New York sided with a freelance photographer after he sued Getty Images and Agency France-Presse for using photos he posted to Twitter without his consent
Daniel Morel won $1.2 million for the unauthorized use of his photo of his native Haiti.
Glee
Another freelance photographer filed a copyright infringement and Digital Millennium Copyright Act (DMCA) violation complaint against celebrity gossip blogger Perez Hilton
He asked for $2.1 million for the wrongful use of 14 photographs of Glee actor Darrin Criss.
The lawsuit came after the photographer contacted Hilton to remove the photos first
To stay of the safe side - and ensure the images used on your blog are legal - request authorization before publishing images and always include proper attribution.
References
Brought to you by:
- Vound
- Intella
- In partnership with Ghergich & Co.
