Legal online content question: Can I use photos from online magazine articles on my blog?

Question

I'm pointing to a few articles on my blog and commenting on them. At the same time, I'm using photos from the 'destination' articles to make my blog richer and better lead into the article links. Is this legally ok? I'm basically using the photo to help lead into the article that's hosted at the magazine's site, so if anything I'm generating traffic for that magazine (a good thing from their perspective, I think), but technically speaking, I'm using their photo without permission. Is my activity within the bounds of fair use, or am I out of line? I just want to make sure I'm not stepping on any toes. Also, if this is out of line with legal guidlines, can I realistically expect any legal action when I'm basically helping their traffic? I'm not slamming the articles or anything, and I'm not substituting or plagarising their work - really just adding a few comments to introduce the article.

Thanks in advance for any and all advice.

Answer 1

1) This probably is not fair use, because you are using the whole of the photograph. (There are several factors, some are in your favor, such as: I presume you make no money from this, and you are not supplanting the market for the original, but on the other hand, you are taking the whole photograph.) Unless it is fair use, it is a copyright violation.

Remember that the online magazine may not be the copyright holder of the photo, and may only have a limited license to post the photo from the copyright holder, who is probably the photographer. It sounds like you are commenting on the articles, not the photos, which may make a difference (not in your favor).


2) I don't see how you would be liable for any actual damages, since from what you've said there don;t seen to be any. However, there are statutory damages which you would technically be liable for whether or not the copyright holder is damaged.

3) In practical terms, I doubt you would get any legal response, and if you did, it would probably be a cease and desist letter rather than a lawsuit.

4) If you are worried, why not just write an e-mail asking for permission?

Answer 2

1

Answer 3

Do you really have so little respect for the work a photographer does that you think credit suffices? Do you work for free? How about it if I come along, find your blog and steal your work to accompany my photos? I'll give ya credit. I shoot landscape and archaeological photos. Some of my work is published. Let me tell you what it entails: First, I spent years and buckets of money getting good enough to compete and buying the gear I needed. The gear has to be updated at least every two years (cameras, computers) - but since I buy the system the lenses can last five if I don't beat them to death doing the job. Shoot time: Get out of bed at about 3am, drive like a maniac to the nearest access to the location, run like a crazy woman across the desert, up the hill, around the lake, carrying 60 lbs of gear, and set up in the dark to wait for sunrise. That's the best time to shoot. Gets that lovely yellow light. After an hour or so, break everything down and start walking - to find the next location. Scout it out, figure out if it is an early morning location or late afternoon/sunset location. Eat lunch. Scout some more. Walk the entire time, carrying the gear. Never know, while the light is not great at noon, sometimes a great shot will happen and ya gotta be ready. Mid-afternoon, rest a little, eat something. Late afternoon. If I'm not at my location, I'm doing some hard driving/walking/running to get there. Set up. Wait for the light. Take the photos. Find my way back to the car in the dark (mag lights are great!) Get a few hours sleep. Next day, get up and do it again. Trips done. Get home. Process film (yes, film.) Scan film. Download digital shots. Process the work individually (batch processing is useful to some degree, but to really retouch the photo to get first rate prints, you gotta work on each one individually.) This takes considerable time. Resize and post. Then you come along and STEAL my work. Thanks. Credit does not buy me gear, it does not put food on my table and in this age of information overload, it doesn't even help me get a better reputation. So what's it worth? Nothing to me, but if it makes you feel better, okay. But I tell you what: I find you've used my stuff without permission, I'll sue ya. And I'll win. Then I'll take your house. The fine for copyright infringement starts at US $100,000.00. Go ahead, steal from Vogue. Your next blog will be how to get through the bankruptcy court system.

Answer 4

I don't think you can legally without their permission but if you decide to do it anyway then make sure you state where the photo is from and if possible the photographers name.
As long as you're taking no credit for the article or photo & are giving the credit where it's due you should be ok I think.

Answer 5

Strictly speaking, but without seeing the exact terms and conditions of the specific site, I am pretty sure you would infringe their copyright by copying and republishing anything without their permission, regardless of your good intentions.
I am pretty sure too it is not covered by 'fair use' but realistically I woud guess there is little chance of the copyright holder discovering.
If you are really drawing people to their site then I suggest you contact the webmaster and confirm what you are planning is okay with them. Good luck.

Answer 6

This is a question of copywrite - check to see if the photos are copywritten, additionally it might just be a good coutesy to ask permission before using the photos.

Answer 7

I believe this would fall under the Fair Use Doctrine, especially if it is used for the basis of commentary and you are not profiting monetarily from the use.

"The practical effect of this law and the court decisions following it is that it is usually possible to quote from a copyrighted work in order to criticize or comment upon it, teach students about it, and possibly for other uses."

See "Fair Use Doctrine" at Wikipedia.com

Answer 8

It's kind of a gray area. Just make sure

A) You aren't hotlinking the pictures, eating up their bandwidth

B) Give credit

Answer 9

My husband does it, but he puts a disclaimer on his blog. He also gives credit. Check it out at darchtimes.com

Answer 10

did you check the TERMS OF USE for the sites
that is the determining factor