So I’m coming in late today with no particular idea for a post, so I am passing on the cautionary tale offered up by fellow author and blogger Roni Loren about her experience accidentally violating image copyright. Go read her post. It’s kind of chilling. Highlights below.
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.)
NONE OF THAT releases you from liability. You are violating copyright if you have not gotten express PERMISSION from the copyright holder OR are using pics that are public domain, creative commons, etc.
So…if you’ll excuse me, I have 2,000 posts to check for copyright violations with images.