As you’ll see, I haven’t used a picture at the top of this blog. I’m actually thinking about going through ALL my posts and deleting/changing any photos that aren’t mine.
Why?
I read a post today about copyright and photographs via the wonderful, Roni Loren… And it was scary! According to Roni’s recent, and horrifying experience, Fair Use doesn’t seem to exist. It doesn’t matter….
- if you link back to the source and list the photographer’s name
- if the picture is not full-sized (only thumbnail size is okay)
- if you did it innocently
- if your site is non-commercial and you made no money from the use of the photo
- if you didn’t claim the photo was yours
- if you’ve added commentary in addition to having the pic in the post
- if the picture is embedded and not saved on your server
- if you have a disclaimer on your site.
- if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn’t absolve you.)
It really made me think, and I commented so.
My question?
If you are looking for an image to use for your blog, as many of us do, and type, say, “desert” into Google images – you are likely to find that same image, only from different websites. How are you supposed to know who it originated or belongs too?
I deleted my Pinterest account a long time ago when rumours of lawsuits began washing over the internet. Some photos I use on my blog and Facebook (especially my banners), are my own personal pictures that I have ‘shot’ myself. I would not expect anyone, after a year on the internet, to know they originated from me.
So, what about you? Have you used Google images to find photos? Would you sue someone for using one of your personal pictures? Have you ever been asked to remove a photograph? Or, have you had your own lawsuit to fight?
If you want more of me, try checking out Facebook, Twitter, Google+, Goodreads, Klout, BranchOut and Linkedin
This, like you, has concerned me a lot. I ALWAYS use google images to find a pic for my blog. I’d very often refer back to the website I’d taken it from and thought it was enough. After reading Roni’s post, I’m horrified to learn what can happen from a few ‘harmless’ pictures.
Today I blogged and wanted a pic at the top because I personally hate too much text without a break. It took me a long time to go through the free pics site for a pic that was even slightly relevant. It wasn’t a pertinent to the post but it was better than nothing, I guess.
But what happens now? Is there an easier way of finding ‘free’ pics? I don’t always have time to take my own photo’s so don’t think I’ll be taking that route very often. Are there any cheap alternatives to using stock photo’s?
One thing is for sure, I won’t be carrying on as I did. 😉
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Crazy, isn’t it? In the next couple of weeks (when I have time), I’m going to change all my pictures – except the film stills. Surely they are allowed?
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Very informative and helpful. never thought about lawsuits for using pics! Great blog, i’ll gladly follow now. found ya from wordpress search.
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I have used pictures, and I’ll be going back through the vast majority of my over 400 blogs and removing them. *deep sigh*
Would I sue someone for using my picture? Only if it was used in a horribly depraved way or for a depraved purpose. If it is used positively, I would simply appreciate the free publicity. The fact is that there are no boundaries on the internet, and that’s how most people like it.
While the person who sued Roni was certainly within his rights, I think he was an asshat to do so. Probably can’t sell enough photos to make a living so he has to sue people to pay his bills. While Roni went with the standard of the industry rather than the letter of the law, she did not use this photo in a negative way, and if any money is changing hands, is should be him paying her for the publicity.
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I totally agree with you, Piper.
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I had a friend tell me on FB that a personal picture of him and his family was used on a (business competitors) Swimming Pool website. When he told them to remove it, the other company said “prove it’s your photo.” My friend replied, “It’s my pool, my back garden, and my family!”
But, did he sue? – Heck no!
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The issue of copyright and so forth on the internet is getting messier and messier. I, like everyone else, had assumed that Fair Use was a real thing that offered internet users some kind of buffer, and the kinds of lawsuits that keep happening are getting a little ridiculous. It’s one thing if the person makes money off the image, or doesn’t give credit and claims the image as their own, but suing every random blogger who uses an image even if they give credit, seems like a gross overreaction. What are they going to do about Tumblr? Images are reblogged and reblogged ad infinitum. Are people going to sue every single person of the millions who reblog an image?
I understand that photographers have rights and what to protect their properties, but there are degrees of infringement and there should be degrees of response.
I’ve tried my best to use Creative Commons images, and I always link back to the site where I found an image, but yes, like everyone else, this info terrifies me, and I’m definitely going to have to go through every single post and rethink which images I can keep.
There have been plenty of laws to help protect artists, musicians, etc. But there seriously needs to be something done to protect the normal, average, internet user whose only fault is believing that Fair Use exists. Because this is getting ridiculous.
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Hi Amanda, I agree with you totally.
I personally think it’s easy money. We all have photos on the internet. What an easy job to just surf for a couple of hours a day…and sue people? 🙂
If the photos had link backs and were in no way ‘earning’ money for the blogger, and if the blogger removed the photos immediately, then I cannot see how a lawsuit can be justified.
I have some photos on my site that I just don’t know who the original owner was. The images appeared on Google images more than once, all with different sites attached.
Makes one wonder if by linking back to the owners site, you are paving the way for the owner to easily find you… and sue.
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When I began blogging, I used Flickr’s free images but soon became enamored with the beauty and speed of Google images. Like everyone else who has commented I will be taking all pictures off my blog posts. I just joined Pinterest and now I’m thinking I should delete that too. Oy! My big question is why didn’t Tumblr and Pinterest warn us that this could happen? Shouldn’t they share some of the liability too? I feel really bad for Roni. However, I’m thankful she shared her story and thankful that you’re passing the word on here. We need to warn all our friends and fellow bloggers.
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Hi Kate,
I had a Pinterest account for all of a week. I heard the stories about people being sued, and as I wasn’t really into the site, I just deleted my account. I think there has to be some clear lines drawn for the internet, and use of….In crayon, preferably, for dweebs like me 🙂
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Donna, I’ve spent the weekend deleting pictures off my blogs. So, for what it’s worth, I thought the same things as you did.
Because I used a lot of pictures to “show” what I was talking about, it was disheartening and depressing. I pretty much gutted my blog.
Stock photos are an option. Roni mentioned a membership to a stock photography site.
However, I write about true crime and the paranormal. I like to use pictures of the “real” places and the “real” people. There’s going to be nothing comparable in stock photographs. Yes, I can use “mood” pictures to break up the text, but do I want to bother hunting them down and making sure I’m safe using them?
This is absolutely going to change the way I blog. Next week’s posts will be off my usual topics and will ask readers what they’d like to see on my blog since posts will no longer have many (and possibly not any) pictures.
Kristen (Lamb) has started an account on Flickr for WANAs to post free-use pictures for the group to use. In addition to the other sources people have mentioned, be sure to check into it.
My husband is a photographer. He doesn’t do it full time, but he does get paid for it. Sometimes I use his pictures on my blog.
When he first suggested I use his work, I asked him how he felt about people right-clicking and downloading his pictures. He said the image they were getting was so small and of such low quality resolution that he didn’t really care one way or the other. He said if he really wanted to mess the picture up for people, he’d watermark it.
I stupidly figured all photographers did it the same way. This weekend has been a real education.
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Hey Catie,
My worry about using these other sites is, what if the photographs owner removes the picture from a ‘free site’ after a blogger has used it. Is that blogger then in the same boat as if they’d just copied and paste from Google images?
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Reblogged this on Jessi Gage and commented:
An important post that every blogger should read. And don’t forget to click over to the original post by Roni Loren. Thanks, Donna!
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No, thank you, Jessi xxx
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Dear gawd! Ugh!!!!! That’s it, I am hanging myself.
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Ha, ha, ha! Well, can you take pictures and upload them to a free site? I’m sure there’s a blogger somewhere who will want to use them 🙂
…And where’s your avatar picture? I need to see that beaming smile 🙂
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Scary subject, Donna. I use a lot of Office Online Clip Art and haven’t heard anyone comment on whether or not that’s safe.
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See, now I thought clip-art was okay to use. Boy, this is really confusing!!!
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Once again, another eye-opener. I don’t want to think about the pictures I use will determine what books I review because I’m concerned about what pictures I’ll be able to use. I’ll be checking in the new few days with a few photography friends of my own plus my husband to see if they’ll agree to put up free photos. Each of them have different views and different mixes. Hopefully I can get as many as possible as free or minimum cost.
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I’m thinking of using movie stills. Surely that is okay?
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I’m happy to say I dodged the Pinterest bullet after reading about their terms of service. I’m a bit leery of anything that allows me to freely share my content because my first question always is, “So what’s XYZ site getting out of it?” They’re certainly not doing it out of the generosity of their hearts which means somewhere, somehow there’s money involved. The images I get are typically from Google images and I naively thought those were free of copyright restrictions. I’ll definitely be looking over my photos in the coming weeks!
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Totally agree. I’ve stopped using many social media sites because they just didn’t makes ‘sense’ to me.
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What a hot topic. I subscribe to a royalty-free image site that allows me to download and use images with full legal authority to do so. It’s expensive, but for me, it’s worth it. If I don’t take the pictures myself, my website uses these royalty-free images. Or, I will use photos of works are provided to me by the people I interview.
Having express permission protects you. And in this day and age of lawsuits, that’s a really good thing. As writers, we have enough to worry about just keeping up with our own work!
It’s also a smart move to get signed photo releases from individuals whose images you do use. It’s a pain, but it’s something I’ve adopted at work as well.
Great subject, Donna!
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