Legalities arising form links
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OK I’m new at this… so is there any legality concerns from linking, and featuring copywrited images and videos… or is this really something that wordpress doesn’t support but that is pretty much just done? I’ve visited a bunch of blogs and there can’t be any way all these blogs have the rights to the images they are using (especially the celebrity images…)
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WordPress is an American company and the American copyright laws apply regardless of where the blogger is situate. It’s my understanding that without receiving express permission in advance copyrighted items are not to be displayed on blogs here and if bloggers are caught doing so the TOS (i.e. the contract we enter into with wordpress to get a blog here) allows staff to suspend or delete the blogs in question.
http://wordpress.com/tos/ -
That’s not quite true. SNL, for instance, has uploaded videos to YouTube (whereas before they insisted people uploading their content take it down) and while they do not specifically say “post this on your blog” that is exactly what they are hoping people will do.
There is also fair use, quotations of statements made in public (even if you got them from a copyrighted piece) and many other issues.
None of us here are US lawyers. I suggest looking up the issues at the Electronic Frontier Foundation, which has been at the forefront of these issues since before there were blogs.
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Consider: would it be polite to ask the owner?; would they be offended?; and that if you offend anyone, it’s easier for them to ask you to desist before getting legalistic.
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Here is what happens.
You use a copyrighted image.
Owner contacts us.
You get your blog suspended immediately. No email, just suspension.
You email Support. I tell you that your blog may be returned if you remove all copyrighted material as soon as the blog is returned.
You agree – blog is returned and then checked.
You try to discuss – no blog.And returning it depends entirely on the offence. Lots of images / material being used? Almost definitely no return.
Is all that worth an image?
(And warez – no way you get it back)
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So does that mean Automattic paid SCO for all those linux boxes that they’re now running? :)
You try to discuss – no blog.
I do hope that staff takes some leeway in that. I have a ceise and desist sitting in my inbox where both my client and the complainer are both stating that they’re the owner of the material used.
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drmike —
You’re right that perception and rightful ownership can be two distinctly different things.
There are issues of Fair Use and Copyright expiration and paid use and one-time fees.
It gets really sticky if a blog thinks it is ad-free and then some sort of server-side advertising is being stuck on a blog — because the issue then devolves into Fair Use/No Profit into a Fair Use/But Someone’s Making Money Off The Work on the back end.
A blog owner could rightfully think they’re within Copyright law because they are not making any money directly off their blog content, but if their blog host is monetizing their content without their knowledge or directly compensating the blog owner, the matter quickly gets dark and sticky.
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It gets really sticky if a blog thinks it is ad-free and then some sort of server-side advertising is being stuck on a blog — because the issue then devolves into Fair Use/No Profit into a Fair Use/But Someone’s Making Money Off The Work on the back end.
That’s what we’re running into with all these blog scrapers that are appearing now. The bloggers here are being screwed over and having their copyright violated.
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Right, drmike!
For the issues we’re discussing, I hope WordPress.com soon allows a way to opt out of unwitting AdSense insertions on blogs so those blogs that need to remain “advertising free” for content or Copyright concerns can continue to knowingly protect that interest.
Scraping is a terrible problem. I know there was a great WordPress.org plugin called “Framebuster” that would break the scrapers trying to steal content — it was fabulous! — but it also broke blog circles like BlogExplosion and such so if you wanted that kind of round-robin exposure you had to risk the Scrapers.
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@forestneeds
I appreciate your non-legalistic submission. I’t was my belief when I first began blogging that all bloggers know in their hearts and in the pit of their stomachs what’s right and what’s wrong. It took only 2 months for my belief system to be shattered. It would appear that aside from blog scrapers many individual bloggers do not have an ethical base when money and hits and blog ranking enters the picture. I have the sense that the “fair use” argument is being used by many individuals as a way to loophole their way through scraping content so they can increase their rankings while proclaiming what they are doing is “fair” when it isn’t. But, what do I know about “the law”?@boles
Thanks for illuminating this subject for us. As a publisher yourself I believe you have insight into this issue that most bloggers lack. Frankly, I find the whole issue you have raised in regards to the adsense advertising that wordpress is now running on your blogs very confusing. I’m hoping there will be some clarity on this issue and that it will happen soon.Edit: As far as an “opting out” option when it comes to adsense I’m a low income person but I’m prepared to consider paying a small amount to do this if the option is presented, if the fee is modest and if I can afford it. In fact it’s the anticipation that this option may be presented that has held me back from going for the paid ugrade for css customization. In my case, it’s not likely that I will be able to afford both.
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Hiya timethief!
I agree that any blog host just tossing Adsense on any blog willy-nilly and without a pattern or notification can be a dangerous idea — not for the blog owner — but from the entity collecting money on the clicks because there may be pre-existing Copyright concerns that may be unwittingly violated by the placement of ads.
It would be much better if everyone received a one-time notification upon Admin login saying: “We’re putting Adsense on your blog to cover the cost of your free hosting. If you do not want advertising on your blog, or if you have any Copyright concerns with “non-commercial rights acquisitions” you have in place and such, then you need to Opt Out of the Adsense program by paying a $10 monthly fee (whatever!) to cover your blog hosting costs. Click here to continue on to the recurring the payment system.”
Then everything is clear, cogent, and agreed-to in a warning and response sort of agreement.
99% of the folks would probably be fine with Adsense and the other 1% would appreciate the warning and the ability to Opt Out for whatever reason.
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Some very good reading can be found here when it comes to copyright issues, etc.
Carolyn Wright – http://www.photoattorney.com/As far as images go –
I personally know of some photographers who will not send you a e-mail asking for the removal of their images from your blog.
They will instead send you a bill in the mail.
They already have their screen shots and source codes.
They will give you 30 days to pay for the usage of that image.
If not paid, your next letter will be from their attorney.
Then, … you have much more to pay than the initial bill that they sent you.
There are those who make a very good portion of their yearly income by doing this.
They “do not play!”Bottom line, ….. be careful, ….. if it ain’t yours to begin with!!
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Just for reference, we can debate this until Elvis comes back but what Mark says up above is what’s law around here.
I think my screen cap usage is covered under fair use myself. You will note that I don’t place any adverts on the Gallery site while a lot of those place I grabbed those pics from and link to do.
edit: That and my avatar come to think about it. I never asked the painter about usage.
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I don’t mind it being discussed. Just remember that we’re not going to modify staff’s policy.
Even if we don’t agree with parts of it. :)
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@drmike
noted / I’m becoming silent because (1) I know what we say will not modify staff policy (2) I’m becoming depressed and dis-spirited because every conversation we have points to paid features that I cannot afford. I suppose I naively believed that those who could afford these extras would be over at wordpress.org *sigh*. (3) I’m totally bummed out by the all the requests for cutesy myspace doodads or as Mark and I call them “tat”. :( -
Hey timethief!
We’re just chatting and wondering around, that’s all.
You are missing the (whatever!) after my $10 wondering! SMILE!
Let’s say $2.00 (whatever!) if that makes you feel better.
People like to bling their blogs to personalize them. The NYTimes had a story on the very idea yesterday:
I’m sure more requests, not less, are in your future!
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@boles
“I’m sure more requests, not less, are in your future!”Without doubt bloggers have become targeted consumers of “tat” and without doubt we are living in a consumer driven world. Now that blogging for bucks looms on almost every blogger’s horizon and bloggers continue to expect an never-ending introduction of features for free, features that will most assuredly become paid upgrade options, I cannot help but weep for what has been lost. For, what I foresee is that blogging will soon become an something that only the rich can pursue and in the vernacular “that truly sucks”. {she sobbed} :(
Edit: There’s no time like the present. When immobilized the cure is taking action and so my private blog Irreverent Feedback goes public.
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Those are some interesting ideas, timethief! I’m sure you’ll do what’s best for you in the long run. Sometimes cutting down and laser-focusing on a single mission can lead to great clarity. Good luck!
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Whoa! Thanks for all the info. Soo what we are really getting at here is that for every image/ you tube posting that appears on blogs in wordpress, these bloggers should have either:
1. Rights to said image or video
2. Have asked for permission from the authorized ownerI know this is best practice but to be fair I’ve been to hundreds of blogs and I doubt this is being done. It seems more like people just link to whatever.
And what is the legality with linking… can I link to whatever? Or is it only copyright infringement if you imbed something.
Thanks Again Everyone! There are some great ressouces some of you listed and I’ll be sure to check them out to read up on this issue.
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