Hi Folks. I wrote this post several years ago. It brings up a good point about using images without the creators permission. Be sure to click through to the original post as the comments were very informative.
"I'm not touching you!" If you have children or remember your childhood you have probably heard this one before. I can just picture our twin boys, when they were about nine, with Paul's finger ¼ inch from Nathan's face saying these exact words, "I'm not touching you" "PAUL!! Leave your brother alone!!!!" "But I'm not touching him". Then of course TLW would run in the room and smack him upside the head. It didn't matter if he was "not touching him" at all. He was annoying him. And he was annoying us with his incessant whine of "I'm not touching him!"
This post was inspired by Bob Mitchell's recent blogging series, Blogging Bertha and The Fair Use Doctrine part 1 and 2. Now folks if you haven't read this series please take a minute to do so. And while you are there leave Bob a comment. It'll make him feel better.
As a quick summary for you, Bob used a picture of Blogging Bertha in one of his recent posts. In fact, he had used it a couple of weeks earlier as well. The first one I let slide but did leave a comment for him that he had best hope TLW doesn't see it. Why? Well, the Blogging Bertha images belong to TLW and she specifically states, whenever they are used, that they are her property, keep off them and if you use them she will hunt you down and shoot you!
In reality, she may not shoot you but she will certainly slap you upside the head. The second time Bob used TLW's image he had actually used it in a public post. On ActiveRain, Blogging Bertha has always been "members only". Anyway, I sent TLW over to his post and she asked him to remove it. Bob, to his credit, willingly removed the image. Thanks Bob.
After having removed the image Bob wrote the Fair Use Doctrine posts. He actually brought up some very good points. While I don't agree with him, he did get me thinking.
His argument, as outlined in his first post is that:
- He didn't get paid for using it.
- The material has been widely disseminated on the web and is easily available.
He only used a small portion of the copyrighted material, not the entire video(s).
His use of the picture did not cause the value of the copyrighted material to be diminished in any way. If anything, his use of the photo very likely enhanced the value of the material due to the viral nature of the web.
So, in Bob's opinion:
"I didn't have to remove it and I didn't do anything wrong when I used that photo. So, TLW...chill baby! It's all good! ;-)"
Now in fairness to Bob, he WAS the inspiration for Blogging Bertha. The very first Blogging Bertha video was a rebuttal to one of his several posts about ActiveRain being like High School, being a popularity contest, featured posts and blah blah blah........
Folks, I too am not an expert on Copyright Laws or Fair Use Doctrine. So your opinions are welcome.
However, having raised twin boys I am an expert on "I'm not touching you!" In my opinion, Bob's use of TLW's images, without her consent, is exactly like that. While it may or may not be illegal it is annoying. "I'm not touching you!" ‘BOB!!! Get off my images!!" "But I'm not touching you" Then you best duck cause here comes TLW!
My branding is exactly that.....MINE! Get off it and find your own branding. You can't be Broker Bryant!
Bob, you know I love you man! So take it like a man. I did. By the way, why not test your parody theory on one of Lenn's maps. They are in the public domain. Go for it.
And that's all I have to say about this. What say you?
By the way, Lenn Harley's comments in the original post are a really good explanation of Fair Use Doctrine
***All images and videos are the property of TLW. Hands off!! Touch them and she will hunt you down like a dog. ROAR!!
***I am NOT an Attorney nor do I play one on TV. Click the button below for my Bio.
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