RE: WHAT IS PROPER IMAGE SOURCING? A Cautionary Tale!
Yeah, that makes sense. That's going to be tricky for some of my threads. but it is what it is I guess.
Thanks to @lynncoyle1 for bringing it more to my attention and to you as well @glenalbrethsen!
Now here's an interesting thought.. What about GIFs?
"There is no standing legal decision that specifically determines whether GIFs made from copyrighted material qualify as infringement. When there is a dispute over a GIF and it's original creators, it all comes down to the doctrine of fair use.
Fair use is determined by the nature of the GIF, who created it and its intended purpose. Generally, something is considered fair use when the original material is used for a limited and “transformative” purpose, such as commentary, criticism or parody. According to Jeff John Roberts of Fortune, GIFs can be considered “transformative” under copyright law because they do not undermine the market for the original work: “No one, for instance, is going to watch a Star Wars GIF instead of the original movie"
https://modicum.agency/blog/animated-gifs-fair-use-copyright-law/
So, this might in fact be a loophole to any images you'd like to use... Just make them into a GIF... lol
There certainly is a lot of gray area when it comes to a lot of things happening on the internet. Gifs and memes tend to fall more into fair use because they've been altered from their original intent or state. No one really owns it anymore or can claim it after its altered.
A photograph taken by a pro photographer and placed on their website is still in its original state being used for its original purpose, so attribution and permission would be necessary. The same would go for a photo on a news site, or on a number of news sites because they're all sharing the same photo, with attribution and permission.
As far as what could happen in a failure to comply situation, it's normally along the lines of a cease and desist order, though it could go beyond that if the creator wanted to somehow prove that your use infringed upon their ability to profit from their image.
In my mind, it's always better to have your ducks in a row, as inconvenient as that might be. At least for me, having exactly the right image to fit every aspect of my post hasn't made a whole lot of difference.
Thanks for the really clear comments.
Have up voted for visibility.
Your friendly @asapers
Thank you for doing that @shai-hulud! @glenalbrethsen did a great job explaining for sure:)
Again thank you so much for picking up the slack when you saw it here @glenalbrethsen!! Seriously so kind of you! I was off of here for the day and came back to you finishing all of my work for me haha
And so articulate as well! Cheers :)
Oh, I wouldn't call it picking up the slack. It's actually more of a defense (though I don't think I'm much of a lawyer, really :) )
With 15 years of newspapering and officially three years in Social Media (unofficially probably double that), I've learned something about permission and attribution. So, when you related what you were told by the person at qurator, I thought, "No. That's your rules for membership. And they're good rules, but going to one of the free image sites isn't the only way to do it properly."
In other words, it was more of my way of saying, "Aw, come on! Let her in!"
Since others had questions about what you were told, I figured I'd take a crack a that, too. :)
As it is, I'm glad you were able to get out for the day. Aside from whatever personal good that may have done for mind, body and spirit, does that mean you have more sights, sites and insights about Playa del Carmen to post? :)
haha I love your support then!! I kind of thought the same thing, but it's their group, go I've gotta play by their rules ;)
And yes! I took some more pictures and have a funny little story to relay as well. You've just pushed me to start it!
Thank you again..for everything :)
Good one!!
Good question @silentdiscourse...I'm going to defer to my lawyer @glenalbrethsen haha
I think you bring up a really good point about gifs, @silentdiscourse. And what if a gif-maker took a photo from somewhere online, without permission, made a gif and it went viral? Suddenly everyone is using it, and we might not realize that the original photo is unattributed.
I heard that the parents of this toddler were dismayed at first to realize their photo was being used by strangers all over the world, but are ok with it now.
