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08/27/2012 06:40:41 PM · #1 |
If I wanted to make a blog to post photos I find inspirational and I cite the photographers and link back to their site, is that sufficient or do I have to ask explicit permission from each one? I know lots of people do it without either of course but I want to make sure I'm doing everything properly if I was going to do it.
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08/27/2012 06:53:50 PM · #2 |
Posting for the purpose of "education" or "critical review" is usually considered fair use, especially if you cite/link back to the primary source.
However, asking is even better, particularly if you can get permission to hot-link to their own version of the photo so you don't even have to copy it (or upload/store-backup the image file). |
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08/27/2012 07:45:28 PM · #3 |
Put yourself in the same position and ask yourself what would and would not make you angry. I'm betting that having somebody talk to you would be much better, especially if they found your photos inspirational. We all know the wrath of photographers and their communities :)
Keep in mind that although you MAY be covered under Fair Use, the case could be argued that you are decreasing the market value of the photo by using it on your blog, which means it is no longer Fair Use. Blogs and the internet are a murky place for copyright, so tread very carefully and try not to step on toes. Keep in mind that you're in the same boat as the photographer who's image you're using.
Originally posted by Fair Use:
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 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:
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.
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.
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Consider finding images that are Creative Commons and you are in much more established waters, and in any case, contact them. I've used many images from photographers on flickr for presentations and they've always been nice to respond and prompt. In the case of my presentations, which were clearly for education and had no impact upon the market, I certainly would have been covered under Fair Use, but I contacted them as an act of good faith and because hey, we all know that as photographers we like our images being appreciated. Plus, if there ARE issues with the creator, you will know that you've encountered a thornbush before you've waded chest deep into it. |
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08/27/2012 07:50:54 PM · #4 |
Originally posted by paul:
Posting for the purpose of "education" or "critical review" is usually considered fair use, especially if you cite/link back to the primary source.
However, asking is even better, particularly if you can get permission to hot-link to their own version of the photo so you don't even have to copy it (or upload/store-backup the image file). |
Keep in mind, one of the primary purposes of fair use is for the promotion and progress of the arts and sciences; that is, to allow people to build on the works of others. However, it's not quite as simple as my explanation or Paul's.
Here is a great article about fair use; the next to last paragraph speaks explicitly to using photography to illustrate an article.
Sometimes, it is really easy to get away with infringement and sometimes it's really hard not to do it, especially when you see others doing it. However, as mentioned before, asking first is a great habit. |
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08/27/2012 10:54:48 PM · #5 |
Originally posted by Skip:
Originally posted by paul:
Posting for the purpose of "education" or "critical review" is usually considered fair use, especially if you cite/link back to the primary source.
However, asking is even better, particularly if you can get permission to hot-link to their own version of the photo so you don't even have to copy it (or upload/store-backup the image file). |
Keep in mind, one of the primary purposes of fair use is for the promotion and progress of the arts and sciences; that is, to allow people to build on the works of others. However, it's not quite as simple as my explanation or Paul's.
Here is a great article about fair use; the next to last paragraph speaks explicitly to using photography to illustrate an article.
Sometimes, it is really easy to get away with infringement and sometimes it's really hard not to do it, especially when you see others doing it. However, as mentioned before, asking first is a great habit. |
Oh I only use open source images or my own images for my blog articles. I was talking about making a different blog specifically to showcase artists, not to use the images to illustrate my writing.
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08/27/2012 11:05:37 PM · #6 |
Originally posted by escapetooz:
I was talking about making a different blog specifically to showcase artists, not to use the images to illustrate my writing. |
then that would probably fall right in line with what fair use is intended for. along those lines, "asking permission" would be more like a newspaper or magazine asking someone if they would like to be featured in an article. every now and then someone might really want to be publicity shy and say no; however, most people will be flattered. |
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08/28/2012 12:03:24 AM · #7 |
Originally posted by Skip:
Originally posted by escapetooz:
I was talking about making a different blog specifically to showcase artists, not to use the images to illustrate my writing. |
then that would probably fall right in line with what fair use is intended for. along those lines, "asking permission" would be more like a newspaper or magazine asking someone if they would like to be featured in an article. every now and then someone might really want to be publicity shy and say no; however, most people will be flattered. |
Agreed, but be wary because this is not always the case just because it's a blog. For instance, if you use ads, you need to be very careful around this, since many blogs make sizable incomes based on their content/ads. I'm not saying this is you, just explaining that there are a lot of If's and Buts and it's not quite as sorted out online as in print because frankly the laws had no possible way of predicting such a giant change.
I bolded Skip's reply because it's worth noting that a happy artist has the potential to generate traffic for you on your blog by pointing it out to others, and at the very least, it creates good will for your project. |
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08/28/2012 11:53:36 AM · #8 |
Originally posted by spiritualspatula:
Originally posted by Skip:
Originally posted by escapetooz:
I was talking about making a different blog specifically to showcase artists, not to use the images to illustrate my writing. |
then that would probably fall right in line with what fair use is intended for. along those lines, "asking permission" would be more like a newspaper or magazine asking someone if they would like to be featured in an article. every now and then someone might really want to be publicity shy and say no; however, most people will be flattered. |
Agreed, but be wary because this is not always the case just because it's a blog. For instance, if you use ads, you need to be very careful around this, since many blogs make sizable incomes based on their content/ads. I'm not saying this is you, just explaining that there are a lot of If's and Buts and it's not quite as sorted out online as in print because frankly the laws had no possible way of predicting such a giant change.
I bolded Skip's reply because it's worth noting that a happy artist has the potential to generate traffic for you on your blog by pointing it out to others, and at the very least, it creates good will for your project. |
Hmm thanks for the input guys. If it's someone on DPC it'd be quite easy to go ahead and ask permission and I would def do that. If its a photographer of some big fame, might be harder to even get in touch. I have no plans of wanting to monetize such a blog. I just collect images that inspire me in a folder but I always wanted a site that just had images at length that I found beautiful but as of yet haven't found such a site that I really like and decided maybe I should just make my own. After all no one has my specific tastes but me, but I also think that others could appreciate what I collect. :D
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08/28/2012 06:51:08 PM · #9 |
| It's also worth noting that we're speaking of US copyright, I've no clue on international stuff since you don't really reside in the US... |
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08/28/2012 08:18:04 PM · #10 |
Originally posted by spiritualspatula:
It's also worth noting that we're speaking of US copyright, I've no clue on international stuff since you don't really reside in the US... |
I believe the laws of the country where the servers are located are applicable. However, most countries are signatories to the Berne Convention, and pretty much are supposed to respect each others' laws and keep them relatively consistent. |
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