Life as a baal teshuva Chassidic Jew who graduated from a secular law school, started a family which is now growing in complexity. Copyright 2015. All Rights Reserved.
If you wee blogging, at least post something geshmak on your own blog! :-)
Can you please tell me where you get your pictures from? Some of them are really beautiful.
After I post the topic, I go to http://images.google.com and type in a keyword related to my post, and then I pick a picture that I like and I copy the web address of the picture (sometimes I copy the image to my hard drive). Then in my post at the top, I use the img src code. Blogger won't let me post it here but it is listed in the blogger help files. I think it works out nicely. I just hope I'm not violating anyone's image copyright rights.
Thank you for sharing that. I appreciate it.
I just hope I'm not violating anyone's image copyright rights.You're in law school...you *know* you're violating their copyright. ;-)
See, for example, 55 Am. U. L. Rev. 267, 289. But in reality, the liklihood of you using enough bandwidth to create actual damages is minimal so at worst the copyright holder could demand you take the image off your site...and that is only if they realize you're using their image and care enough to sue over it.
Let's rephrase that then -- I just hope I'm not violating anyone's image copyright rights to the point where they would get upset that I am using their images. After all, I took them from the google site which could be argued is public domain. I suppose I can also argue that they put their images in the public domain giving access to anyone to use them by putting them up on the web site and thus into the stream of traffic in the internet. Plus, from time to time I see that there is a copyright symbol on the images, and those images are not used by me because they've marked them properly. On the images I used, there is no marking.I'm not sure if these are valid arguments or not because I never took copyright law, but my logic is that as you said, if there are damages, they are so miniscule and the traffic I generate is SIGNIFICANTLY LESS than the traffic that a search engine bot like google or the others would generate by just visiting the site and logging the images. Would you agree?-Zoe
Actually Google and other search engines have been sued for that sort of thing but Google won (obviously). However an American court has never extended the right to republish someone else's copyrighten word to a private partry such as yourself. If a court did they might as well do away with copyright law and the fair use doctrine. Oh, and publishing photographs on a website doesn't even come close to public domain...but you didn't need me or a copyright course to tell you that. ;-)
word = work
"Properly marking" also doesn't have anything to do with preserving copyright. All images have copyright protection unless the creator (or other copyright holder-- like the case where the creater is contracted to produce the image for another party) explicitly puts them in the public domain by saying that they're relinquishing the copyright.What you're doing is theft of bandwidth and the image, but it's a small and common theft. If it bothers them, they'll either ask you to remove the image or (if you're linking to their site) replace the image with something offensive as payback. Most people don't notice or don't care.
Holy smokes BT! I'm wondering if I should commend you for your activism and your strong feelings on the topic of copyright or whether I should bring the word "harping" into our conversations... Or maybe I should just show you the dead horse and hand you the stick.I am convinced by your arguments that it is morally wrong from a technological point of view to use someone else's images in my blog. However, I should also ask you for a beracha that this theft of bandwith or this copying other people's images should be my worst sin. The world would be a better place.
Come on Zoe, that isn't fair. As a future lawyer you should zealously seek an accurate portrayal of the law, not just invent half-hearted legal arguments because you really want to believe that something is legal when it is not. I'm a graduating 3L too, and I haven't taken a copyrights course either, but I know better than to state the legal conclusion I want and then create the arguments to support my desired result. You wouldn't do that with some matter of halacha so why would you do it with the law?
Post a Comment