Blogging Pitfalls: STEALING other people's photos.

by todd carpenter on April 24, 2008

I’ll be speaking on a panel this summer at Inman Bloggers Connect entitled, “Blogging Pitfalls: How NOT to Get Sued“. We’ll be talking about stuff like slander, NAR’s code of ethics, RESPA and more. But the most common mistake I see most bloggers make is to steal photos from other people’s sights. I’m using “steal” for effect. A more proper term might be copyright infringement. But when it happens to me, I consider the offender to be a thief, and most content creators would agree.

The other side of the coin is that many bloggers don’t realize they’re doing anything wrong. Here are some examples of content theft.

Taking a picture from a web site that displays a © symbol, or even says copyright on it.

You can’t republish this picture without the written consent of it’s creator. Crediting them, or linking back to them is not enough. You can only republish with their permission.

Taking a picture from a site that works under a Creative Commons license.

There are some exceptions, but for the most part, you can’t do this either. Creative Commons licenses give others the right to use and share the content in question, but you have to look at the conditions. Most will not allow you to use the work for commercial purposes. A business blog is definitely a commercial purpose.

noncomm.png

Also, they often have a “Share and Share Alike” clause. This means you can’t modify it (like resizing it to fit on your blog) unless you allow others to use it as well. If you’re protecting your own content under copyright, then you can’t use it.

share.png

Tacking pictures that display no mention of copyright, or creative commons.

This is the one that fouls most people up. Copyright is implied. It’s not the creator’s obligation to tell you, it’s your responsibility to find out otherwise.

That doesn’t leave much left right? Deservedly so. Other’s worked to create that content, and if they don’t want to share, you’re out of luck. My advice is to get yourself a camera, or seek out photos that are specifically in the public domain. While performing an advanced search on Flickr, you can find pictures that are ok for commercial use. Some photographers just like to see their work “up in lights”, and offer them for any use. Others might agree, if you simply ask.

I realize that plenty who read this might figure they’ll never get caught, but why risk it? Your reputation is far more important than the upside of placing a pretty picture on you site without permission.

{ 15 comments… read them below or add one }

Chris Johnson April 24, 2008 at 4:47 pm

This should get the black pearl. Or something. Because it’s ignored basic info.

Shannon Stanbro April 24, 2008 at 5:49 pm

When you are taking your own photos, it is also good to know what is appropriate.

I found this post helpful:

http://photojojo.com/content/tips/legal-rights-of-photographers/

Tony Gallegos April 24, 2008 at 6:05 pm

Todd – This is a great post and something most have to learn through the tribulations of blogging. Again, super post!

Ling April 25, 2008 at 4:05 am

This post is absolutely on the mark. If you look at Creative Commons licenses carefully and follow the instructions, you’ll find virtually nothing worth using on a commerical site. Best way is to plan a couple of days in advance for every article, and contact the owners of the photos. Most times they’re quite happy to allow you to use them.

KC Investments April 25, 2008 at 5:50 am

http://www.istockphoto.com is very inexpensive and has great photos that I use often.

Ronnie Roach April 25, 2008 at 7:07 am

Another solution is to search on Flickr for content. You can do an advanced search and find photos with creative commons licenses that allow commercial use.

Mike April 25, 2008 at 9:01 am

Todd,
Right on! This is why I carry my camera and take my own photos.
Mike

Shailesh Ghimire April 25, 2008 at 9:13 am

This was a big topic at yesterdays Arizona Bloggers Network meeting. I wish I had seen it yesterday. I would have definitely directly more people here.

Thanks for sharing this information. It can get confusing but something everyone needs to pay attention to.

VA Refinance April 25, 2008 at 8:30 pm

Todd, good post, you right it is a hard thing for someone to think that they are stealing, it is not like they are going into a store and walikng out with the candybar without paying, they are staying in ther home or work and looking at thier computer. it is all how you obtain the material. there is pleanty of clipart books and photos to use and lot of it is free. either ask or get your own is a good policy

Jonathan Bailey April 25, 2008 at 10:36 pm

The SA portion of the CC license is very often misunderstood. It deals with alterations made to the work itself, not to things put around it.

For example, if you took a photo under an SA license and put it into a collage, the collage would be put under that license. Also, if you doodled on it or made a new artwork using filters, the new product would be SA licensed.

Simply having an image beside your blog post does not mean that it is built upon the image. In the case of derivative works, the person making the derivative can still hold copyright protection in elements that can be separated from the original.

That would be the case here. I wouldn’t worry too much about SA unless you are making a new artistic work.

Then again, if the person licensing the image interprets the SA portion differently, they could still cause problems.

However, that’s the nature of copyright, anyone can sue anyone for almost any reason.

Hope this helps!

ca va loan April 27, 2008 at 12:27 pm

Todd i appreciate your blog. I hadn’t thought about this topic but would agree with you. It pays to be original anyway.

Milan April 28, 2008 at 1:25 am

Well said. It’s ridiculous how common this is. As KC said, istockphoto and other sites are a good resource if you can’t get the picture yourself, but many times it’s just as easy to grab a digital camera and take a few shots. Certainly a lot easier than going to court.

Christopher Myers May 3, 2008 at 6:29 pm

Great advice…There are plenty of inexpensive sites on which to purchase photos, and even a few that do allow free, commercial use of their photos. Just look closely.

Matt March 20, 2009 at 11:26 am

Great article. Iwanted to second KC investments : I use istockphoto.com. They are not expensive and you can pretty much find anything! :)
Matt

Tony Gallegos May 2, 2009 at 2:26 am

Todd – This is a great post and something most have to learn through the tribulations of blogging. Again, super post!

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