A Floral Clock in Edinburgh, Scotland celebrating a century of Boy Scouts, copyright of rakastajatar on Flickr.Here's a helpful warning to bloggers: "Be prepared." It's the Boy Scout motto and it's also good advice for people in all walks of life. It appears that many bloggers, myself included, are a little unprepared for the possibility of close scrutiny of blogging. What if we were told that we had used too much of someone else's news article in our blog entry or that we got our facts wrong and are guilty of negligence or even defamation? It's a scary thought, but that's the risk we take in offering our work in a public environment.

Have you noticed that, as bloggers, our responsibilities and rules seem to be a little hazy and hard to define? It sometimes does to me. Luckily, in college I studied media law, fair-use doctrine and other libel laws, so I have a pretty good understanding of what is allowed and forbidden when writing content.

The rules can get pretty complex, but they boil down to the fact that writers need to respect others' rights by not stealing their work, spreading lies about them or being unfairly critical of people we disagree with. I don't believe I've witnessed any of that in the discussions I have seen on ActiveRain and the LuxuryRealEstate.com Blog, but it's still important to keep in mind. Kindness and honesty are generally essential for free speech and democracy to thrive. I have no desire to defame anyone because my goal is to uplift by exercising the Golden Rule as much as possible.

When you use a news story or another person's blog in your work, make sure to give credit to the person you borrow from. I always strive to do that when I write a blog entry, since much of my inspiration for writing about specific topics comes from news sources and other bloggers. Actually, this blog was inspired by two news articles: a Seattle Times article by Brier Dudley entitled "Battle of the day: AP vs. blogs," and Marcie Geffner's article in Inman News entitled "Is your blog a lawsuit magnet?" I highly recommend reading them both so you can make sure you're aware of some potential pitfalls.

The one thing I don't know too much about is the fair use of photos in blogs. I almost always provide a link to the source of the photos I use, and I try to include the photographer/artist when it's available. Maybe someone can help me out on this aspect of fair use because I'm unsure what the rule is there. Is it okay as long as we give credit to the person responsible for the work or do we need to obtain written permission? Speaking of which, the photo above is from www.flickr.com/photos/katiegail/1344714672, and it is the copyright of rakastajatar on Flickr.

In closing, I strongly advise you to pay close attention to Ms. Geffner's 17 questions in her Inman News article. I won't reprint them here because I wouldn't want to use too much of her work or remove the incentive to visit her site. As I read them, I went over in my mind the times when I had encountered these different situations or at least considered them. I hope this helps you be a little better-prepared in case anything like this might come up as you blog.

Happy blogging!

Author's Note: The photo above is different than the one I originally used. The reason for the change is because I wasn't sure if I was allowed to use the first photo, which was a painting by Norman Rockwell. I got the idea to check Flickr for a safer photo to use thanks to Ms. Geffner's comment below.

 
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49 Comments on Bloggers beware! Copyright battle might be coming

JUL
01
2008
Localism Sponsor

Thanks for the info. I too get my ideas like you from other sources and I try to give credit to them. I will check out the 17 things in the Inman news.

5:25pm • #1
129,121 Points 5 Featured Posts Localism Sponsor Outside Blog

Robert, I've resorted to taking my own photos entirely, regardless of sites that claim to permit "royalty-free" use of pics and graphics.

5:26pm • #2

Robert,

Some excellent information.  I just left my attorney's office where this subject came up.  I had done the right thing but even that created some issues.  Can't win for losing sometimes but if one doesn't know or isn't even aware of the potential pitfalls it could be a costly lesson.

5:28pm • #3
1 Featured Post

Dear Teresa,

Wow! I didn't expect such an instantaneous response. Thank you for your comment. I'm glad you'll check out the Inman News article. I'm always amazed by how much there is to learn. It's pretty common-sense to give credit to the people we gain information from, so I'm probably preaching to the choir there. :) Thanks again!

Sincerely,
Robert Lockard

5:34pm • #4
1 Featured Post

Dear Eric,

Thank you for the advice on using pictures from other sites. That's probably the safest approach, and I'd like to emulate you in that, but I just don't have some of the pictures I wish I did. Oh well.

Sincerely,
Robert Lockard

5:37pm • #5
1 Featured Post

Dear Keith,

Thanks for talking about your experience. We can definitely get in trouble, even if we don't know we're doing something wrong. Thank you again for taking the time to comment on this. Have a nice evening.

Sincerely,
Robert Lockard

5:46pm • #6

Robert... Thanks for providing your understanding on a growing problem. As a victim of word & image plagiarism, always do a search to make sure my posts can never even smell like someone elses.  Really... if it's not original content, what the point of posting? But then, I am an Eagle Scout!

5:53pm • #7
1 Featured Post

Hi Robert,  I read the Inman article and I also read an article, written by an attorney, in the Keller Williams magazine.  We all need to be more careful.  I've seen some very interesting 'converstations' taking place in blogs.

 

6:04pm • #8
373,332 Points Outside Blog

The copyright issue is likely going to become more pronounced as more people blog. There are blogs we see that you just know the photo is not original and there is no credits.

7:22pm • #9
JUL
02
2008
494,028 Points 84 Featured Posts Localism Sponsor Outside Blog Hit Router

I only use my own photos or clip art.  I feel that is the safest bet.

2:03am • #10
201,442 Points 31 Featured Posts Outside Blog Hit Router

Reading the fine print on photo licensing is tedious but necessary! I believe our own Ardell will be addressing this very topic at the San Francisco conference in a few short weeks!

2:09am • #11

I suspect the copyrights of individual pictures will come up first in a series of mini battles.  Pictures are so easy to identify.  The words and ideas may be more difficult to fight.  For example, someone reads an article.  They understand and write an article of the same topic in their own terms.  They may think its original.  I guess the lesson here is that they should site the article because they are getting ideas from it.

3:48am • #12
894,843 Points 213 Featured Posts Localism Sponsor Outside Blog Hit Router

The matter of copyright infringement will never go away as long as ActiveRain members believe that they can use content, photos or images that they did not write or snap or create. 

Several AR members have paid damages for the use of photos they didn't own. 

Just giving attribution is not the same as permission or license to use.

BTW, In my opinion, and I'm no expert, the use of the Norman Rockwell painting is a violation of the Norman Rockwell Foundation and/or Boy Scout Foundation copyright of that painting.  Even use of a digitally generated copy of that painting is a violation of their copyright. 

That painting dates back to 1945 and, I believe, fully copyright protected.  If there is an attorney on retainer by The Boy Soout organization that scans the Internet to find such illegal uses, it could inspire a Cease and Desist notice and Demand for Damages in the $Thousands of Dollars.  I don't believe that there is a "Fair Use" permission that covers the use of this image in a publication.

 

 

5:08am • #13

Thanks for the great info. Another good resource for photos is http://www.istockphotos.com/. They cost a little bit, but once purchased, you can use it in (most) of your materials.

Andrea
5:10am • #14
434,595 Points 70 Featured Posts Outside Blog

It`s always wise to know the laws and how it could effect you when writing!

This is a huge concern for many...

6:18am • #15
391,888 Points 3 Featured Posts Outside Blog

As a journalism graduate in another lifetime...pretty simple...if it's not yours, don't use it, borrow it, steal it...ask permission....OR be creative and give your own take on whatever topic...interpret the statistics...just do it...don't take it...thanks !

6:34am • #16
662,672 Points 59 Featured Posts Localism Sponsor Outside Blog

As someone who only had a semester of journalism in high school (way back when...)  I try to remember what I learned... even before starting to blog I was paying more attention to journalism and noticing newspapers, magazines, online were all breaking many of  the old rules... pushing the envelope.  I did have a writing class or two in college, but they were not journalism.... not the rules type stuff.

I believe my blogging is probably boring because I am afraid to push the envelope as I see some do.   I give credit, use links, write and ask for permission especially with images,  research whether images are copyrighted and forgo using that perfect image if it is not something I own or can reasonably be sure is in the public domain.

Fair use confuses me.  Licensing confuses me.

I had researched Rockwell when I saw someone else use an image recently.  I am sure this one is too new to no longer be copyrighted.   I believe you have to go back before 1923, agewise. 

Some of the "experts" in the RE blogging world don't know what they are talking about.  It is often the blind leading the blind.   I enjoyed Geffner's article.  I had not seen that.  Thanks.

7:22am • #17

That is my I blog only orginal material or articles I have written and published which are copy righted.......

I saw the writting so to speak on the wall 5 years ago and I knew that there might be problems, costly ones..........

KEEP BLOGGING!

Elaine VonCannon
7:23am • #18
246,791 Points 4 Featured Posts Outside Blog

Robert, you are right on as far as using someone content. The same applies to using photographs unless you have a "Release" from the person(s) in the photograph and permission from the photographer and/or originator. Releases may also have restrictions and limitations on their use. We also have to be careful when using stock photos because the terms and conditions may prohibit commercial use. This also applies to using graphics.

Thanks for bringing this to our attention. We always need to be reminded every once in a while.

7:54am • #19
1 Featured Post

Your use of photographs leaves you wide open for a copyright infringement lawsuit.  I am a professional photographer and my photos are "borrowed" all the time.  I routinely do a search and make people take them down.  I haven't sued anyone yet but I know of postcard photographers who make as much more money suing people who use their images on the web than they do from selling postcards.  Better off to take your own photos.

8:08am • #20
3 Featured Posts Outside Blog

Hi Robert,  Thanks for posting.  That part of blogging is a sketchy grey area.  We must remember to be careful & give credit where it is due.

Have a great day!

8:40am • #21
417,032 Points 74 Featured Posts Outside Blog

Maybe the people who blog jokes will figure it out one day that they are stealing them without even knowing the owner of the first entry. Same goes for RE or any other blog you post...original is key.

8:45am • #22
662,672 Points 59 Featured Posts Localism Sponsor Outside Blog

you and jokes Neal... if you can't find who the original writer is... isn't a joke in the public domain?  Not that anyone should be posting a steady stream of jokes here on ActiveRain, since it is a "real estate" network... and they have made it plain they want MORE real estate (According to ActiveRich) and pretty much posting jokes continually is considered by many members as PointWxxxxing.

Not that I expect the average AR member who posts mostly jokes to research if a joke should be attributed to a comic or writer.

I am tempted to start following you around on ActiveRain Neal and including a joke in each comment.  Nope that won't work.  I don't know any jokes and I certainly can't make them up.  And that might be considered harassment under the circumstances.

8:56am • #23
187,714 Points 12 Featured Posts Localism Sponsor Outside Blog

Great advice!  The day is coming!  I've already had an agent who is the listing agent for the new units in a condo complex call and chew me out for blogging on the complex as a whole.  I didn't imply that I had a listing there, I was just trying to get information to people about their choices.  At her request I did remove the offending blog....

9:07am • #24

good post..thanks for sharing this info..we all have to be careful..

9:11am • #25

Hey Robert, Thanks for your kind mention of my Inman News column (and for not copying it, which I definitely appreciate as it saves me the hassle of sending you a legally nasty take-down letter). I might also call your readers' attention to the Comments that have been posted on my original column on Inman News as there has been an interesting discussion of copyright.

Some bloggers like Flickr as a source for photos, perhaps in part because the photos found there are tagged as far as what use is permitted. This link explains further: http://www.flickr.com/creativecommons/.

I'm always astonished at how many people steal my work without bothering to ask for permission. I'm not difficult to find, but they seem to think my articles should be free for the taking (they're not) and I suspect they figure they won't be caught (not true). 

Cheers,

Marcie

www.marciegeffner.blogspot.com

Marcie Geffner
9:22am • #26
381,540 Points 9 Featured Posts Localism Sponsor Outside Blog

I read the article in Inman and it was very informative.  We all must be mindful of the rules out there.  I think these discussion are very helpful to make sure we are following the law.

9:32am • #27
168,889 Points 5 Featured Posts Localism Sponsor Outside Blog Hit Router

Thank you for pointing all of this out to us. not everyone uses good common sense, or our opinions vary on what is common sense so using someone else material and giving credit where credit is due will very.

I willdeffinatley be checking out the 17 things in inmen news.

9:34am • #28

Yep it will soon be a lucrative online revenue stream for lawyers.

10:12am • #29
633,893 Points 34 Featured Posts Localism Sponsor Outside Blog Hit Router

I try to keep article quotes down to a reasonable level, and certainly not let them dominate the article.  I only use my own photos, or stuff with a creative commons license. And it is one of the reasons I don't use many photos.

And of course I could still be sued.  And it could still cost me a pant-load of money.  But, the only way to avoid being sued is to just curl up and disappear.

10:52am • #30

I'm not nearly as careful as I should be apparently. Luckily, most of the content and images I use in my blog come from my employer.

11:32am • #31
284,633 Points 3 Featured Posts Localism Sponsor Outside Blog

Robert, with tools like Google Alert, copyright holders are more able to track who is using their work product.  We all have to be careful that we use anyone else's materials only with permission.

11:37am • #32

Couple of thoughts.

Blogs should have to follow the same copywrite laws as magazines, newspapers, publishers.

Copywrite law on a original piece of art or writing is limited to a number of year after the creators death - I believe 60 years. 

Your still allowed to state your opinion or thoughts on a property.  Yes as Realtors we have to be very careful and selective on terminology - hence my use of the term "check out the demographics " to my customers.

Take the graphic yourself -even when they say they give you permission to repost - unless its in writing and signed by them they will come after you I am sure.

Cyndi Kerr
12:00pm • #33
129,121 Points 5 Featured Posts Localism Sponsor Outside Blog

There are many misconceptions about "fair use" and copyright out there.  Real estate professionals are not intellectual property attorneys.

The "60 year" rule stated above is inaccurate.  There are different laws and protection terms, depending upon whether a work of art was created before or after January 1, 1978.

I recommend you not rely entirely on any copyright law interpretations obtained from colleagues on ActiveRain.  There is also some misinformation about copyright and fair use on the Web.

There is no one-size-fits-all "fair use" law that a person may rely upon.  Fair Use is determined on a case-by-case basis.

There are no sound recordings in the USA that are "in the public domain".  If you feel the need to use music in blog or on a Website, you will either have to record it yourself or pay a royalty to an organization such as ASCAP or BMI. 

There's no such thing as "free music".  If you "buy" music from a site which claims to be "royalty free", it is your responsibility to determine if that company has a valid license agreement with a royalty/licensing organization.  And in addition to copyright protection for the creator of a musical work, there are performance rights and royalties which may be owed to instrumentalists and vocalists who record that music.  The American Federation of Musicians is a good source of information on performers' rights.

12:49pm • #34

The general rule of thumb for writing in general is that any peice of writing you make should be comprised of no more than 10% quotes. You can have as much summary or paraphrasing as you want, but only 10% (some writing style guides say 15%) of your total writing in quotes. Those quotes, paraphrases and summaries must all be referenced in some sort of way so that you not only clearly convey who originally the information came from but where the original information was found.

In American law, paranoid is best (not so much overseas).

4:55pm • #37

Chris there is no way I would have taken that blog down!  There was nothing wrong with what you did.  She bullied you and you didn't have to give in to her!

Karen Rice

5:56pm • #38
JUL
03
2008
402,478 Points 3 Featured Posts Localism Sponsor Outside Blog

I have decided that I have to use only my own photos to remove concerns about that particular part of copyright.

2:04am • #39
JUL
12
2008
168,914 Points Localism Sponsor Outside Blog

Robert - This is something that we all have to be aware of.  I agree with what many others have written about photos.  I either take my own, use free clip art or buy royalty free photos from istockphoto.

8:36pm • #40
JUL
13
2008
147,736 Points 2 Featured Posts Outside Blog Hit Router

Interesting post, reminds me of how we Realtors feel after coming out of a Legal update seminar which we are required to take to keep our errors and omissions insurance current...Makes  you want to quit the business.  Then you realize that the majority of your clients are good, hardworking people just like you and you go back to work.  It is important to note these things, but they can paralyze you if you let them. 

1:06am • #41
164,916 Points Localism Sponsor Outside Blog

I wonder about a lot of the blogs I read where the material comes from.

4:12pm • #42
543,413 Points 45 Featured Posts Outside Blog

Robert - congratulations on taking the law courses in college. I've received tremendous benefits from the law courses I took.  If a photo is copyrighted - by all means get permission, and in writing.  Also - if someone points out that you have incorrect facts on your blog post - correct it immediately!

5:50pm • #43
JUL
16
2008

I know how I feel when I find my work even linked to someone else's site without permission.  Just ask and follow the golden rule.

12:53am • #44
AUG
04
2008
243,430 Points 6 Featured Posts Localism Sponsor

Thanks for a great post, Robert. I worked for lawyers during and after college, so that has made me extra paranoid! But I must admit, I hadn't thought of getting permission from a photographer if you had gotten permission from the owner of a photo, say of an entrance to a community, amenities, etc., that they shot. I am joining the others and just going to take all my own photos and forego contacting any developers around to see about using their professional photos. It's not worth the hassle if any legal issues come up.

10:18pm • #45
2 Featured Posts

I always use my own photos. I take a lot of time doing so, I think it is better to reflect your own work.

10:22pm • #46
SEP
26
2008
123,838 Points

Robert .. thanks for this post about blogging, photos and fair-use doctrine and writing content.  Best wishes. Harrison

4:30pm • #47
JAN
29
2009

I enjoy taking my own photos, and find it helps to showcase the area in which I specialize.

4:24pm • #48
FEB
27

Good info! THanks

1:37am • #49
MAR
18

Robert,

I am finding it interesting that not only are copyrighted photos being used but so are real estate news articles.  I am seeing blogs with reprinted articles so that points can be achieved.

Victoria

4:54pm • #50
MAY
16

Robert,

This is my second week on AR.  Glad that I saw your post.

Many Blessings,

Jim & Joan

6:48pm • #51

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Robert Lockard

Seattle, WA

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Luxury Real Estate

Address: 2110 Western Ave., Seattle, WA, 98121

Office Phone: (800) 488-4066 x 856

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My personal thoughts on luxury real estate, technology, news media and a variety of other related topics and trends. I also maintain the Luxury Real Estate Blog on LuxuryRealEstate.com.


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