Hey, That’s My Picture On Your Blog!

[Cross-posted on LeaderTalk]

It seems as if we all do it.

We embed pictures, illustrations, charts, graphs, videos, text, and other stuff from the internet into our blog posts. I see it every day, and I do it myself. I have always tried to give credit to the creator, author, photographer, or illustrator by listing his or her name and the link to the original item. For example, I have taken photographs from flickr.com and added them to a blog post. I also have included who posted the picture on flickr to give proper credit.

Based on an email I recently received, I am now wondering if that is enough.

Here is what happened to me. Last month I wrote a blog post for this blog and for LeaderTalk in which I included an illustration that I found when doing some research for the post. I pasted the illustration into the post, and I gave credit to the illustrator (by writing “Illustration by …). I assumed that that was enough.

Well, I received an angry email about a week later that was titled “Unauthorized Use of Illustration.” Here is the text from that email (edited to protect anonymity):

Mr. Sherman: It has come to my attention that you have made an unauthorized use of my copyrighted work entitled “XXXXX” (the “Work”), found at this web page:https://theprincipalandinterest.wordpress.com/.  I have reserved all rights to the Work, first published in YYYY Magazine, August, 2008. As you have neither asked for nor received permission to use the Work on your website (nor paid me for use of my illustration), nor to make or distribute copies, including electronic, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c) (2) therein.

I demand that you immediately cease the use and distribution of all infringing works making use of my illustration, and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by Friday, September 25, 2009 indicating that you have fully complied with these requirements, I shall take further action against you.
Very truly yours,
Arthur Artist

Yikes! Too much “Legal-ese” for my liking. I had no intention of stealing anything from this person, and I certainly can’t afford $150,000 at the moment (or ever). Of course, I pulled the picture immediately, and let the artist know I had done so. I received a very friendly reply: “Thanks, and have a nice day!”

I have spent a few weeks wondering about internet copyright laws. I understand that people have a right to protect their work. But, does this change when they post on the internet? If I have pictures on a site like flickr, and I make them public, can anyone use them? Do they have to give me credit by including my name? If I find out about it, can I sue them for $150,000?

Finally, Is there really a difference between a photograph on flickr or a video on YouTube and someone’s artwork that is part of an article in an online magazine?

These are important questions because we have students pulling images off the internet all the time for their schoolwork. What should we be teaching kids about copyright infringement and plagiarism?


4 thoughts on “Hey, That’s My Picture On Your Blog!

  1. This artist should read, “What Would Google Do?” by Jeff Jarvis. He might then understand that:

    (a) You were actually advertising his work, albeit in an unintended and illegal maner.

    (b) You could have just as easily blogged and tweeted about his tone, etc., using his name and disparraging his character (even if he was correct legally).

    Obviously, you did the right thing by taking it down, and artists deserved to get paid for their work, but… the times they are a-changing. (Did someone say that before me?)

  2. You can do an advanced search in Flickr to find images that have the creative commons license.

    But I like http://flickrcc.bluemountains.net/ because it is a searchable site for CC images, and i then just copy the attribution listed at the site too when I use images there, especially in my blog.

    There are many other search sites for images and even creative commons images, and even Google recently added the type of license to their advanced image search. I liked Flickrcc so much I have it on my toolbar–a blogger’s best friend. Too bad I sometimes forget to add the attribution.

    Oh and one more thing, in your flickr account, you can set the default to share/share alike licensing for any photos you upload, but if you have your images uploaded with an all rights reserved license, you can easily edit the license under additional information on the right.

    Check this photo:
    Along the right, where you see license info, there will be an edit link if it is your photo and you are logged in. Just because an image is in Flickr does not mean its free to use or embed anywhere.

    Can you tell I’ve recently taught this lesson? LOL. Best of luck in finding good CC images form now on. The other guy just needs to get over himself (even if he was right.)

  3. To your question:
    “What should we be teaching kids about copyright infringement and plagiarism?”

    May I suggest :

    1. To avoid dramas, hassles, court cases, fines and the rest, don’t infringe other’s copyright.

    2. To avoid dramas, humiliation, court cases, fines and the rest – don’t plagiarize other people’s work.

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