3 ms·

That story reminds me of a more personal anecdote. Some day in the past year, my girlfriend found a picture of herself (taken from her Flickr) used as the "anch

by gnoupi 15y ago

That story reminds me of a more personal anecdote. Some day in the past year, my girlfriend found a picture of herself (taken from her Flickr) used as the "anchor" for some article on a online magazine's portal. No mail to ask her about it. Nothing. When she asked to get it removed, they assured that they always take their photos from paid stocks, or free of rights, so that it's not their fault. They didn't give more details, but eventually removed the picture. The problem is that we live in an age when most people just use Google image to illustrate their stories, and assume that they can use just anything, because they found it there.

timmaah 15y ago
Why does Google Images get a free pass then?
- Joakal 15y ago
  Google links to source. You can't even view the full size from Google cache (it's an ugly compressed thumbnail). If you see a publisher not give credit for article and/or media used then they are cheap. She should have sent them an invoice for using the picture. I heard it's the standard for photojournalists to do this, except charge 5x the rate (for publishers not initially asking).
- kbutler 15y ago
  > Why does Google Images get a free pass then? Google Images gets a "free pass" because their use is a "fair use" as defined in US copyright law. """ Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work """ http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html Google Images uses the copied images to guide users to the original (#1), uses a reduced-resolution thumbnail (#3), and in general may have a neutral or even positive effect on the value of the work (#4). Of course, a simpler answer is that the US Court of Appeals for the Ninth Circuit said Google gets a free pass because Google's use was highly transformative. http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.com%2C_Inc http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.co... You can argue about what definition of "free" includes defending against a lawsuit carried through the US Court of Appeals...

by gnoupi 15y ago

timmaah 15y ago

Why does Google Images get a free pass then?

Joakal 15y ago
Google links to source. You can't even view the full size from Google cache (it's an ugly compressed thumbnail). If you see a publisher not give credit for article and/or media used then they are cheap. She should have sent them an invoice for using the picture. I heard it's the standard for photojournalists to do this, except charge 5x the rate (for publishers not initially asking).
kbutler 15y ago
> Why does Google Images get a free pass then? Google Images gets a "free pass" because their use is a "fair use" as defined in US copyright law. """ Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair: 1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4. The effect of the use upon the potential market for, or value of, the copyrighted work """ http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html Google Images uses the copied images to guide users to the original (#1), uses a reduced-resolution thumbnail (#3), and in general may have a neutral or even positive effect on the value of the work (#4). Of course, a simpler answer is that the US Court of Appeals for the Ninth Circuit said Google gets a free pass because Google's use was highly transformative. http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.com%2C_Inc http://en.wikipedia.org/wiki/Perfect_10%2C_Inc._v._Amazon.co... You can argue about what definition of "free" includes defending against a lawsuit carried through the US Court of Appeals...