A fair use case which apparently ruled against the photographer, but not really

A photographer, Russell Brammer, found that a website was using his photograph without permission. He issued a cease and desist request and the photograph was taken down. He then sued the website, but the court sided with the defendant. This blog, to which I am somewhat sympathetic, argues against the ruling's application of fair use:

 

Link: No, Virginia, You Can’t Just Copy Stuff You Find On the Internet, Even if You Don’t Notice the Copyright Notice | Trademark and Copyright Law

 

There are other details which are available elsewhere, but the key phrase for me was, "This good faith is further confirmed by the fact that as soon as Violent Hues learned that the photo may potentially be copyrighted, it removed the photo from its website." This court ruling did not say that you can just rip off content from anywhere. And yet we see people on the Internet going nuts and not trying to understand the entire case.

 

I prefer the old system of copyright, where copyright was not automatic, but that is a whole other discussion.

Somehow I am not surprised vaguely recalling how some people defended "their right to use any picture they find on the web any way they see fit". What riles me in particular is that it should be instilled into anyone that is prudent to assume that any image they find on the web is copyrighted (because it is) unless clearly stated otherwise. Would it really have been such a big deal to fire off an email to the photographer when his image was found on flickr and asking for permission to use it?

 

I prefer the old system of copyright, where copyright was not automatic

Curious. When was that old system changed? I have always been under the impression that an image is copyrighted the instant it is created. Not to be confused with "registered with the copyright office" which is an entirely different bowl of wax.

I think the point made in the linked blog is that this judgement (including the interpretation of fair use) is an outlier that isn't consistent with what other courts have decided. The photographer might well win on appeal.

Knowing all this... whats the lessons learned to avoid such problems from happening to you?

Post low res, never your best work, and watermark everything to the point it looks like crap. No one steals crap!

 

Has anyone taken the time to read the terms of this site to see what your rights are concerning your posted photos?

you may be surprised.

 

 

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The judgement is currently being appealed.

 

I just assume anything I post is gonna be stolen anyway, but having said that, if I saw one of my images being used in a commercial application w/o my consent, I would go after them..

Of the thousands of images I've posted online (mainly in PN's No Words) I already know that it would be way too costly and time consuming registering all of them. I've embedded a copyright notice in the EXIF IPTC data in all the original images. A screengrab and/or resave of the downloaded image in an app that strips EXIF data doesn't secure the copyright warning. What can you do about that?

 

I say let those that think it's OK to use other people's work as their own or to use it to promote their agenda or cause. Just drag and drop one's copyrighted image in a google search and see how many duplicates show up. The one that's drawing a bunch of attention on a site showing its views, likes, comments, etc. is the one you take to court.

 

Would anyone go after someone posting it just for show and tell on Instagram or Pinterest or Facebook? Would it be worth it to go after the thousands one has posted here on PN and elsewhere and then found duplicated elsewhere on other sites?

 

If so, there wouldn't be enough time left to take more photos.

 

I mean it begs the question...why are you photographers who care so much about protecting the copyrights of your photos posting them online knowing full well they'll get copied and posted somewhere else online?

 

I mean REALLY! Why are you posting your photos online anyway?

Vivian Maier was protecting her work very successfully. Anyone, who wants complete protection, can use her method :)