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by SCmzd on Mon Dec 21, 2015 1:51 pm
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I opened up my Facebook today and immediately recognized a great image by Alan Murphy.  It's a sweet image of a perched northern hawk owl and it was used as the cover image of the December 2015 issue of BirdWatching magazine.  The thing is, the image was being used to advertise a local Minnesotan's blog web page.  This individual was making suggestions to his audience about how to get free magazine content through the library.  He cut and pasted or screen captured a whole bunch of artwork from magazine, (most notably to me was Alan's image), and used them to advertise his blog post on at least two Facebook pages.  If you go to his blog, he also sells his own images, look under the "About" him section....Is this legal?  Can he just use editorial and image content from magazines and from photographers without getting consent or paying license fees???  I asked him directly about the legalities of what he is doing and his response was....

 "[font=helvetica, arial, sans-serif]Please see my response about Fair Use Copyright further down in the thread including a link from Stanford University defining Fair Use Copyright. I am legally reviewing a service named Zinio which sells bundled subscriptions to public libaries. I did not alter, misrepresent or imply the images were my own. The photos are clearly identified as coming from BirdWatching."[/font]


[font=helvetica, arial, sans-serif]Is he right?  Here is the link to his blog/website....   [/font]http://www.365daysofbirds.com/2015/12/21/getting-a-free-magazine-fix-for-birding-photography-zinio/
 

by E.J. Peiker on Mon Dec 21, 2015 3:02 pm
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It is legal if he asked Alan and got permission. Otherwise it is not.
 

by SCmzd on Mon Dec 21, 2015 3:17 pm
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This is under the premise that he did not get permission from Alan....he as much as indicates that he does not need to....his words...."[font=helvetica, arial, sans-serif] Many web sites both have editorial content, but also sell services ... any newspaper in the world would be just one example." (Richard Hoeg)  The owner/operator of this website.....[/font]http://www.365daysofbirds.com/2015/12/21/getting-a-free-magazine-fix-for-birding-photography-zinio/

So what are the legal/financial ramification he might face with using those images without permission EJ....and THANK U for the response by the way.  Any feedback would be appreciated.
 

by SCmzd on Mon Dec 21, 2015 3:54 pm
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Image


Here's the add that he used this morning for the post on Minnesota Birding and The Sax Zim Bog Facebook page.
 

by E.J. Peiker on Mon Dec 21, 2015 5:04 pm
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Ah now that is a cover of a magazine which Alan sold an image to and since he is reproducing the cover and clearly not passing it off as his own work, I seriously doubt that there are any legal issues with that.
 

by whitehead on Mon Dec 21, 2015 8:41 pm
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I think that would be termed "fair use".
paulthompson.gallery
 

by SCmzd on Tue Dec 22, 2015 9:09 am
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Wow, that's interesting and informative...thank you.  So, if I understand correctly, I can screen capture anyone's artwork/photographs that a magazine has purchased or licensed and use it to promote my own personal blog without paying for it, or receiving any kind of permission, and there won't be any legal issues with that?  Very suprising to me....seems "unfair", but I guess I was just not informed.  Thanks again for the feedback.
 

by WDCarrier on Tue Dec 22, 2015 9:32 am
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Ethics and legality are two horses of a different color.
[font=Helvetica, sans-serif]“Our lives begin to end the day we become silent about things that matter.” MLK[/font]
 

by SantaFeJoe on Tue Dec 22, 2015 10:42 am
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You might want to re-post, or move, this topic to the "Business Topics" forum. When these types of topics are posted there, Carolyn E. Wright gives good legal information on them. There are other similar threads there that may help answer fair use questions, as well.

Joe
Learn the rules like a pro, so you can break them like an artist.  -Pablo Picasso
 

by John P on Fri Dec 25, 2015 11:30 am
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I know this photographer and subscribe to his blog! He would definitely not knowingly do anything illegal with someone else's photo!
 

by Carolyn E. Wright on Mon Dec 28, 2015 6:03 pm
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This likely would be deemed a fair use. Courts have found that uses of magazine covers (especially as thumbnails) to illustrate a point are fair use.

But great job looking out for another photographer's interest! We need to help each other to fight infringements.

Carolyn
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Photo Attorney® at www.photoattorney.com
 

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