Name: Anonymous 2014-06-28 11:24
Well on one random post, I grabbed one random picture off of google and then a few weeks later I got contacted by the photographer who owned that photo. He sent me a takedown notice, which I responded to immediately because I felt awful that I had unknowingly used a copyrighted pic. The pic was down within minutes. But that wasn't going to cut it. He wanted compensation for the pic. A significant chunk of money that I couldn't afford. I'm not going to go into the details but know that it was a lot of stress, lawyers had to get involved, and I had to pay money that I didn't have for a use of a photo I didn't need.
Here's what I learned about Fair Use:
It DOESN'T MATTER...
if you link back to the source and list the photographer's name
if the picture is not full-sized (only thumbnail size is okay)
if you did it innocently
if your site is non-commercial and you made no money from the use of the photo
if you didn't claim the photo was yours
if you've added commentary in addition to having the pic in the post
if the picture is embedded and not saved on your server
if you have a disclaimer on your site.
if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)
Plus, beyond not wanting to be sued, most of you who are reading this are writers. Our livelihood depends on the rights to our work. I've already had to send my own DMCAs to sites that have pirated my books. So I definitely don't want to be someone who infringes on someone else's copyright. A photo is someone else's art and unless they tell me it's okay, I don't have the right to use it.
Here's what I learned about Fair Use:
It DOESN'T MATTER...
if you link back to the source and list the photographer's name
if the picture is not full-sized (only thumbnail size is okay)
if you did it innocently
if your site is non-commercial and you made no money from the use of the photo
if you didn't claim the photo was yours
if you've added commentary in addition to having the pic in the post
if the picture is embedded and not saved on your server
if you have a disclaimer on your site.
if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)
Plus, beyond not wanting to be sued, most of you who are reading this are writers. Our livelihood depends on the rights to our work. I've already had to send my own DMCAs to sites that have pirated my books. So I definitely don't want to be someone who infringes on someone else's copyright. A photo is someone else's art and unless they tell me it's okay, I don't have the right to use it.