Comments on: Using Images Legally on Your Blog http://technosailor.com/2008/03/01/using-images-legally-on-your-blog/ Web Technology and Real Life Merge Thu, 18 Mar 2010 02:16:34 +0000 hourly 1 http://wordpress.org/?v=3.0-alpha By: Mary Jo http://technosailor.com/2008/03/01/using-images-legally-on-your-blog/comment-page-1/#comment-192403 Mary Jo Sun, 02 Mar 2008 02:40:02 +0000 http://technosailor.com/?p=2095#comment-192403 Copyright law is a civil law, and violation thereof results in civil penalties. So while a copyright violation is not "theft" in the criminal sense of the word, it is "theft" in the civil sense of the word. You may not go to jail, but there can still be hefty penalties. So yes -- you are breaking the law. Fair use is a defense, one which you are free to assert -- after you've been sued. But really, who wants to let it get that far?! There is, however, a gray area on what constitutes "commercial use." Some case law supports a theory that if any profit is derived from the location where the material is used (i.e., on a blog that has ads) that it constitutes commercial use. The majority of decisions, however, seem to support a definition of commercial use as being one where, for example, an image is used directly in an advertisement or logo. Gotta love those gray areas of the law! Copyright law is a civil law, and violation thereof results in civil penalties. So while a copyright violation is not “theft” in the criminal sense of the word, it is “theft” in the civil sense of the word. You may not go to jail, but there can still be hefty penalties. So yes — you are breaking the law.

Fair use is a defense, one which you are free to assert — after you’ve been sued. But really, who wants to let it get that far?!

There is, however, a gray area on what constitutes “commercial use.” Some case law supports a theory that if any profit is derived from the location where the material is used (i.e., on a blog that has ads) that it constitutes commercial use. The majority of decisions, however, seem to support a definition of commercial use as being one where, for example, an image is used directly in an advertisement or logo. Gotta love those gray areas of the law!

]]> By: Douglas Karr http://technosailor.com/2008/03/01/using-images-legally-on-your-blog/comment-page-1/#comment-192397 Douglas Karr Sun, 02 Mar 2008 01:11:55 +0000 http://technosailor.com/?p=2095#comment-192397 I just didn't want folks to think they were breaking the law! :) I just didn’t want folks to think they were breaking the law! :)

]]> By: Aaron Brazell http://technosailor.com/2008/03/01/using-images-legally-on-your-blog/comment-page-1/#comment-192391 Aaron Brazell Sun, 02 Mar 2008 00:29:52 +0000 http://technosailor.com/?p=2095#comment-192391 Actually, fair use is a defense, not a blank check. Secondly, fair use allows for the use of a portion of a work - a portion being relative to what the work is. Usually, music is 20 seconds or something like that. Use of excerpts of articles are a portion, etc. Fair use does not allow for the use of a "body of work" in it's entirety. If I'm a lawyer (and I'm not), it would seem obvious to me that the use of a copyrighted photograph is the use of a "body of work" as it is used in its entirety, not simply portionally. Actually, fair use is a defense, not a blank check. Secondly, fair use allows for the use of a portion of a work – a portion being relative to what the work is. Usually, music is 20 seconds or something like that. Use of excerpts of articles are a portion, etc. Fair use does not allow for the use of a “body of work” in it’s entirety. If I’m a lawyer (and I’m not), it would seem obvious to me that the use of a copyrighted photograph is the use of a “body of work” as it is used in its entirety, not simply portionally.

]]> By: Douglas Karr http://technosailor.com/2008/03/01/using-images-legally-on-your-blog/comment-page-1/#comment-192390 Douglas Karr Sun, 02 Mar 2008 00:24:44 +0000 http://technosailor.com/?p=2095#comment-192390 Actually, it's usually NOT theft. There are fair usage laws in action. Check out Eric Goldman's blog for additional information but very often it's okay for bloggers to utilize images - sometimes it's necessary for attribution, sometimes it is not. Google is going through a series of these right now. If it was truly 'theft', Google Image Search would be shut down. Actually, it’s usually NOT theft. There are fair usage laws in action. Check out Eric Goldman’s blog for additional information but very often it’s okay for bloggers to utilize images – sometimes it’s necessary for attribution, sometimes it is not.

Google is going through a series of these right now. If it was truly ‘theft’, Google Image Search would be shut down.

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