Posts Tagged ‘fairuse’

Flow Chart Tries to Educate the Public on the Rules of Using a Photo They Found Online

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When people are browsing around online for photographs to use, be them for an article, a project or something else, it’s vital to know whether or not they’re allowed to use the image. Even if they’re allowed to use the image, it’s important to know what all can be done with it.

Here to help those with any image in question is this handy little infographic, created by Curtis Newbold, The Visual Communications Guy. Read more…

NYC Mayoral Candidate in Hot Water After Campaign Ad Used Swiped Flickr Shots

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New York Republican mayoral candidate Joe Lhota may be running as a law and order guy, but apparently the “law” part doesn’t cover intellectual property.

Turns out nine of the images used in a recent Lhota campaign ad — an ad meant to illustrate what a mess the Big Apple used to be – were taken without permission from Flickr users, several of whom are not too happy about it. Read more…

Finland Citizens Poised to Rewrite Their Nation’s Copyright Laws

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Finnish lawmakers could soon rewrite the nation’s copyright laws, as a citizen-originated initiative aimed at easing piracy penalties and protecting consumer rights makes it way to Parliament.
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Kickstarter Campaign at the Center of a Controversy Over Stolen Images

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The wildly successful Kickstarter campaign Blackprints is currently at the center of a heated controversy over stolen images that has already involved one copyright dispute. It seems that the campaign’s creator, Sabrina Chun, might have taken to acquiring photos of cars off of the Internet, changing them to black and white minimalist versions, and selling them as part of this campaign. (See Update) Read more…

A Flowchart For Figuring Out Which CC License You Should Use

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Creative Commons is a non-profit organization founded in 2001 that, over the years, has released a set of licenses that enable creative types to share their work with others. The content creator allows others to use their work, just as long as the users follow the guidelines set forth in that particular license. It’s a “some rights reserved” system rather than an “all rights reserved system.”

In the photographic community, some aren’t fond of CC licensing while others are downright prolific about it. But if you’re looking to license some of your content in this way, this useful infographic put together by CC Australia will help you navigate the common licensing combinations. Read more…

Appeals Court Overturns Previous Ruling, Rules Fair Use in Richard Prince Case

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There’s a fine line between fair use, copyright infringement, and downright theft. And while some might argue where exactly that line stands, “rephotographer” and appropriation artist Richard Prince just got a Federal Appeals Court to take his side in what may turn out to be a landmark ruling regarding fair use. Read more…

MIOPS: Smartphone Controllable High Speed Camera Trigger

MIOPS is a new smartphone-controlled camera trigger that combines all of the features photographers want in a high-speed camera trigger into one convenient device.

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Copyright Infringement and the Culture of Suing Artists Into Submission

Andy Baio has some experience with copyright infringement, especially where iconic photographs are concerned. In case you didn’t read our previous coverage on the matter, his story goes something like this: in 2009, he put together an 8-bit version of Miles Davis’ album “Kind of Blue” called “Kind of Bloop,” and for the cover art he had a friend create a pixel-art version of Jay Maisel‘s famous cover photo.

Maisel wound up suing Baio for over $100,000 for the infringement, and despite an offer for free representation, potential court costs still forced Baio to settle out of court for $32,500. Baio wound up writing a long blog post about the matter, and now, a couple of years later, he’s expanded on that post in the above talk he gave at Creative Mornings in Portland. Read more…

Crash Video Controversy Puts NASCAR Copyright Grab in Spotlight

A serious car crash at the NASCAR Nationwide Series Drive4COPD 300 this past Saturday caused debris to go flying into the stands, sending a number of spectators to the hospital — some with very serious injuries. A fan named Tyler Andersen was in the area where the accident happened, and had his camera recording video as the whole thing unfolded. After the incident made national headlines, Anderson posted the 1m16s video above to YouTube (warning: it doesn’t show any injuries, but it’s a bit disturbing).

NASCAR wasn’t too pleased with the video, and sent YouTube a DMCA takedown request, claiming that it was a case of copyright infringement. YouTube complied and took down the video, sparking cries of “censorship.”
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No Jail Time for Fairey, Artist Punished with Fine and Probation

Shepard Fairey avoided jail time after all. The Obama HOPE poster artist was sentenced today to two years of probation and a $25,000 fine for using an AP photo without permission and then destroying evidence to cover his tracks. The New York Times writes that the entire dispute will be an interesting case study for fair use law:

When the case began in 2009, Mr. Fairey argued that his use of Associated Press imagery constituted fair use under copyright law. But the civil lawsuit was settled before that question was decided, and the two sides agreed to financial terms that were not disclosed. The parties also agreed to share the rights to make posters and merchandise bearing the “Hope” image. Mr. Fairey maintained that he had never personally profited from sales of the image, a contention The A.P. disputed.

[...] Until the settlement between Mr. Fairey and The Associated Press, the case was watched closely as one that might define more clearly the murky issues surrounding the fair-use exceptions to copyright protections. One of the central questions was whether Mr. Fairey’s creation, which became ubiquitous on street corners and T-shirts during and after Mr. Obama’s campaign, constituted a “transformative” use of the photograph, a use that is allowed under the law so that creative expression is not stifled.

In his official statement on the matter, AP CEO Gary Pruitt states, “We hope this case will serve as a clear reminder to all of the importance of fair compensation for those who gather and produce original news content.”


Image credit: Shepard Fairey at the ICA by WBUR

Newspaper Agrees to Pay Woman $400 After Sparking Debate Over Fair Use

The Portland Press Herald has agreed to fork over $400 to a woman named Audrey Ann Slade after its use of one of Slade’s photos sparked a furious fair use debate online. The paper published a story last week about Reverend Robert Carlson, a minister who committed suicide recently after being accused of abusing young boys. Specifically, the piece reported on the fact that Slade’s photos proved that Carlson continued to engage in on-campus events after resigning abruptly in 2006 from his position as chaplain.

It decided to publish one of Slade’s photographs — both online and in print — showing Carlson at a 2010 ceremony held on campus grounds. Problem was, they badly mishandled the process, and neither contacted Slade nor attributed the photos to her.
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