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See you in jail

by KingOfContentMarketing
8 replies
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A few weeks ago I admonished a poster on the main forum who admitted to freely copying copyrighted images from Google Images and putting them on his blog.

I said that is patently illegal, and I've seen where some copyright holders don't issue DMCA takedown notices anymore. They just sue right away.

He said he has no worry--that's he been doing it for years and never been caught.

I said OK see you in jail or something snarky like that.

So today I read a Buzzfeed article that was comprised of 10 or so animal pictures with captions. The pictures were linked to the source. But the photos were the same. They copied them, added a caption and posted them. Not just one or two--every photo on the original post. (And it looks like the linked site may have ripped them off as well.)

I did some research--Buzzfeed calls this fair use because they added the captions. My question: does this mean they can rip off any photo on the web, caption it and use it? Seems impossible.

Here's a blog post where a person found almost every image on a Buzzfeed post was taken illegally.

How Buzzfeed infringes on copyright and TOS | WiredPen

Do they just have good lawyers, or how exactly do they do that all the time?
  • Profile picture of the author seasoned
    FAIR use is when you use like 10% of the material to instruct, for an example, quote, or parody. If it is for regular use, or more than 10% is isn't fair use!

    https://www.google.com/#hl=en&output...w=1366&bih=663

    HERE it is from the US copyright site: U.S. Copyright Office - Fair Use

    Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

    1. The purpose and character of the use, including whether such use is of 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
    4. The effect of the use upon the potential market for, or value of, the copyrighted work

    The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
    If the owner can show that those pictures are theirs, the user could be in trouble.

    Steve
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  • Profile picture of the author John Durham
    What if someone else takes your profile picture from a membership site, and uses it on their site? Is that legal? It wasnt intended for their use, and you own it right?
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  • Profile picture of the author Dennis Gaskill
    Joe, it's my understanding adding a caption would make it a derivative work - still illegal.

    John, that sounds illegal, but it might depend on how it's used. Obviously I'm not a lawyer, but I did watch Perry Mason when I was younger.
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    Just when you think you've got it all figured out, someone changes the rules.

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    • Profile picture of the author John Durham
      Originally Posted by Dennis Gaskill View Post

      John, that sounds illegal, but it might depend on how it's used. Obviously I'm not a lawyer, but I did watch Perry Mason when I was younger.
      Thanks Dennis, Perry is a good source.

      On another note, I havent bantered with you in awhile. Been missin you man!
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  • Profile picture of the author socialentry
    Good lawyers.

    They know the difference between what is enforceable and what is legal.
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  • Profile picture of the author KingOfContentMarketing
    I'm amazed they can just lift photos at will. Their "fair use" is using 90% of someone's material, not 10%. Lots of problems:

    BuzzFeed Sued for $1.3M After Publishing 9 Celebrity Photos Without Permission

    BuzzFeed and Samsung in Hot Water for Using Photos Without Permission

    The problem with BuzzFeed’s sponsored posts | Poynter.

    I don't think they care, really. They are getting lots of venture capital. Still seems impossible.
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    Marketing is not a battle of products. It is a battle of perceptions.
    - Jack Trout
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  • Profile picture of the author Dan Riffle
    I'm not trying to be a shill, but Brian kindsvater wrote an ebook called The Copyright Loophole which is all about how to legally use images - and some of what he says will actually blow your mind. I don't know if he sells it separately, but the book can be found in his membership site, The Internet Marketing Law Center.
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    Raising a child is akin to knowing you're getting fired in 18 years and having to train your replacement without actively sabotaging them.

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    • Profile picture of the author KingOfContentMarketing
      Originally Posted by Dan Riffle View Post

      I'm not trying to be a shill, but Brian kindsvater wrote an ebook called The Copyright Loophole which is all about how to legally use images - and some of what he says will actually blow your mind. I don't know if he sells it separately, but the book can be found in his membership site, The Internet Marketing Law Center.
      Cool, thanks, I'll check it out. I found more here.

      Where Do All Those BuzzFeed Cute Animal Pictures Come From? - Alexis C. Madrigal - The Atlantic

      The Buzzfeed editor says they try to find the people who took the photos they use to try to get permission (hmmmm...).
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      Marketing is not a battle of products. It is a battle of perceptions.
      - Jack Trout
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