Copyright

29 July 2014Image use on the Web How to stay out of trouble

University of Reading 2008www.reading.ac.uk

Dec 2013: Google received nearly 25 million takedown requests for copyright violations1

OverviewCopyright issues around use of imagesHow images can be used lawfullyWhere you can find images to useAttributing/crediting imagesOther legal issues for bloggersWhat about my own content? 2

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TRUE OR FALSE?

Having a disclaimer on your site can protect you from claims of copyright infringement

Copyright does not protect original ideas

All Rights Reserved means you cant use a work without permission unless an exception applies

If youre not making any money from the copy, its ok

Everything is fine as long as the original work is acknowledged

You can legally copy up to 10% of any work

hgfhghhgdgdfgdfgdgdfgdfgdgdgdfgdgdgdgd Copyright Symbols by MikeBlogs CC-BY-NC http://www.flickr.com/photos/mikeblogs/3020135605/

Copyright protects original creative expressions of ideasOnly protects fixed creative works

Copyright lasts for 70 years after death of authorArises automatically once something is created3

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Kari DePhillips, The Content Factory http://www.contentfac.com/copyright-infringement-penalties-are-scary

http://www.techdirt.com/articles/20130615/02094123486/copyright-trolls-now-going-after-random-bloggers-who-reposted-photos.shtmlhttp://www.cnet.com/uk/news/facebook-shutters-the-cool-hunter-for-copyright-issues/http://blog.hubspot.com/marketing/tumblr-erases-popular-blogger-copyright-infringement-blogging-fea

http://www.contentfac.com/copyright-infringement-penalties-are-scary/ Company writes blog posts for client sites: One of the writers published a blog post to a clients site about finding great deals in Omaha, Nebraska (complete with an altogether underwhelming photo of the city, which may or may not have been taken by a drunken college student with a camera phone in 2005).

The website was new and it wasnt a popular post - more than 3 months after the post went live, the client got an email from an attorney saying that they were being sued for $8,000 for using a copyrighted photo on their website. Took image down and apologised, but suit followed through firm hired lawyer and negotiated a settlement of $3,000

People who create copyrighted works hire companies that use computer programs to scour web pages for copies of those images. It takes time to find them, but the process is automated and runs 24 hours a day, 7 days a week. If you post something that's copyrighted on a blog page that has links pointing to it and the author wants to monitor that particular image, an unauthorized use of it WILL be found eventually.

Roni Loren at BlogHer recently wrote about her experience dancing with the devil predatory lawyers, and Web Copy Plus spent $4,000 to settle a similar suit. While discussing the situation with some of our agency clients, I learned that each and every one of them has been sued before most of them were able to settle for less than half of the original amount demanded by the plaintiffs lawyer.

http://www.techdirt.com/articles/20130615/02094123486/copyright-trolls-now-going-after-random-bloggers-who-reposted-photos.shtml

Copyright Enforcement Group (CEG) - a number of sites have apparently received demands for $500 because they posted a random photo which they likely found via Google's image search. Yes, reposting photos in such a manner can be copyright infringement but it really does seem quite scammy to go after clearly naive internet users who are just trying to post a photo of a red pepper to go with a blog post about vegetables.

I would understand such a letter if the image had a watermark pointing the user to a website where they can purchase rights to the photo without the watermark, or if there was a copyright mark on the image. Yet these photos have none of these, and they are literally trolling old websites and blogs looking for photos which were copied from other websites.

http://blog.hubspot.com/marketing/tumblr-erases-popular-blogger-copyright-infringement-blogging-fea

If youre operating a blog on Tumblr and the site receives a complaint that youve used copyrighted material, it can -- and will -- shut down your account, erasing everything youve ever posted.

Thats exactly what happened to a popular blogger who goes by the name Bohemea. When Tumblr shut down her account in June, she lost five years of work -- more than 100,000 posts across two separate blogs. Tumblr did this because over the past two years, the company had received five complaints from copyright holders who said Bohemea had used photographs without permission.

Bohemea, who asked me to use only her screen name, says she would have been happy to just take down the five images for which Tumblr received a complaint ... but instead, Tumblr deleted her entire account. Worse, Bohemea claims other Tumblr bloggers have been similarly wiped out.

Bohemeas blog wasnt aimed at a business audience. Her blogs were about fashion, art, and photography.

A spokesperson for Tumblr says: Tumblr removes any content we receive a valid DMCA complaint for. We are also required by law to enforce a policy removing accounts of repeat infringers. Tumblrs right to do this is spelled out in its Terms of Service, and even though nobody ever actually reads those things, in theory youve been warned.

Quite the opposite: she was trying to promote their work. Furthermore, she wasnt making any money off her blogs. It was just a labor of love."I lost over 100,000 posts and 150,000 followers," she says. "I have lost a huge viewership that I'm going to have to work very hard to gather and take with me to my new site."

A Tumblr spokesperson points out that Tumblr did offer to help Bohemea contest the complaints. Bohemea says doing that would have required her to provide personal information about herself and she wanted to remain private, so she declined the offer.

The incident raises some larger issues. One is that enforcement of rules online can often be arbitrary and selective. Tumblr, for example, is crawling with copyright violations. Why do some bloggers get busted while others carry on?

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How are infringements discovered?Many images from web pages are invisibly 'tagged', enabling their source to be traced

Image tracking software

Search engines use image recognition software to find images on the Web

Licensed content often tracked by sophisticated software

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How can you use copyright material?Make use of one of the permitted acts as outlined in UK copyright law

Ask for permission to use from the copyright owner

Buy a licence from the copyright owner (or an organisation acting on their behalf)

Make use of material which is in the public domain (e.g. out of copyright) or where the owner has given a Creative Commons or similar free licence

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Permitted ActsFair dealing for Criticism & Review**possibly going to change

Not without its risks: It is a DEFENCE to a claim of infringement, not an exception

If you are copying/publishing works using this defence, everything you use must be correctly referenced

Criticism or review allows you to use any published work in this context this includes using it online. Images are the most problematic.

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Playing it safe: requesting permissionPermission must always be in writing (letter/email)

Acquiring permission may take time (especially if you are seeking it from publishers)

Keep all letters / emails giving you permission

8No response does not equal permission!

It is much more difficult to track down copyright holders at a later date Check the policies of libraries and archives think ahead, do you want to publish? If you do, can they provide you with contact details so you can get in touch at a later stage?

Keep all letters / emails giving you permission

Correctly reference everything you use

Link to other peoples content instead of copying it. Look for terms of use and rights information on blogs, websites and photo sharing services as these may give you the permission you need without asking. People generally protect what they think is commercially valuable and share freely when they have no commercial motive.

If you have received permission, insert a note in brackets to say: [reproduced by kind permission of...date]

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Useful resources when seeking permission

Web2Rights toolkit: useful PDF giving advice on seeking copyright permission:http://www.web2rights.org.uk/navigator/content/documents/2.3_Getting_Permissions_v1.1.pdf

University of Reading website: template for requesting permission from copyright holders: http://www.reading.ac.uk/internal/imps/Copyright/imps-requesting_permissions_1.aspx

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Stock Image GalleriesImages will always be licensedMake sure that you are allowed to use the image in the way you want to before you buy it

Many digital image galleries have embedded information in their images: a team of lawyers works non-stop to send invoices to people who use their images without a licence

..

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Photo by penmachine, available under a Creative Commons Attribution-Noncommercial licence

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That being said

Terms:Only for non-commercial purposes (relating to events that are newsworthy or of public interest)Not to be used for advertising/marketing/promotions or to suggest endorsement

http://www.gettyimages.co.uk/creative/frontdoor/embed

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Getty - http://www.bjp-online.com/2014/03/getty-images-makes-35-million-images-free-in-fight-against-copyright-infringement/

Where enabled, you may embed Getty Images Content on a website, blog or social media platform using the embedded viewer (the Embedded Viewer). Not all Getty Images Content will be available for embedded use, and availability may change without notice. Getty Images reserves the right in its sole discretion to remove Getty Images Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Getty Images Content. You may only use embedded Getty Images Content for editorial purposes (meaning relating to events that are newsworthy or of public interest).

Embedded Getty Images Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

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Creative Commons Licences

Attribution (BY): Licensees may copy, distribute, display and perform the work and make derivative works based on it only if they give the author or licensor credit

Noncommercial (NC): Licensees may copy, distribute, display, and perform the work and make derivative works based on it only for non-commercial use

No Derivative Works (ND): Licensees may copy, distribute, display and perform only verbatim copies of the work

Sharealike (SA): Derivative works must be under a licence identical to that of the original work

http://creativecommons.org

Also a public domain and a generic licence, which mean you can use the material however you like (e.g. Wikipedia / Wikimedia material may be licensed as CC-0 or CC-PD)12

Where to find images to useCC licensed material can be found via Google, Yahoo! and Flickrs Advanced Search tab

SitePoint text, audio, video and imageshttp://www.sitepoint.com/30-creative-commons-sources/

JISC Digital Media: some information on finding sources of audiovisual material to use:http://www.jiscdigitalmedia.ac.uk/finding

Getty Images for Embedding (for non-commercial uses/sites only): http://www.gettyimages.co.uk/creative/frontdoor/embed

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Attribution

14Saying "Credit: Google Images"

is like saying

"Credit: Someone on Earth

The Flying Trilobite, 5 steps to proper image use on blogs, 2011http://glendonmellow.blogspot.ca/2011/01/5-steps-to-proper-image-use-on-blogs.html

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How to credit CC licensed materialXpert Attribution tool*http://www.nottingham.ac.uk/xpert/

Code generator for crediting Flickr images online (make sure you have the link to the photo you want to use first)http://imagecodr.org/result.php

Quick useful slideshow: What is the correct way to attribute?http://www.slideshare.net/eabarbanel/creative-commons-attribution-3228503

Useful Infographic: http://foter.com/blog/how-to-attribute-creative-commons-photos/

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An example of attributing a CC licensed image using XpertAttribution Tool (developed by Nottingham University)

http://wiki.creativecommons.org/Marking/Users

The print industry have long ago developed the simple practice of putting a line below/above or alongside an image that looks something like this (Credit Joe Soap, AFP, CC-BY), i.e. Author, Image source, Licence. This gives the photographer public recognition, which is what most photographers need. It is a public way of saying 'this is not my image'. People naturally assume that images without a credit are your own. For this reason hiding the credit somewhere else in some other page is not good practice (though perfectly legal). For the same reason pop-up titles, though legal, are not good practice. Good practice requires that credits be immediately obvious. The credit line should also be a link to the image source. 15

Crediting non-CC licensed contentSome publishers will specify how you should credit , e.g.: Timothy Dudley-Smith (b.1926) in Europe and Africa (Oxford University Press). Reproduced under CCLI Church Copyright Licence no. 305687. All rights reserved.

If you are dealing with individuals, they may authorise you to use their image but not specify a credit, in which case you could put something like this:

There is no standard form of words, but you should always reference the author and try to mention the source wherever possible

16 Erving Newton (Denmead Man). Used with permission. Photograph: All Saints Church, Denmead. http://www.flickr.com/photos/vamoose627/2728122799/

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What NOT to doFind an image via Googles search function and use the credit: Google Images

Use an image with a watermark

Use CC licensed material without attributing the author

A useful guide on referencing images in your blogs and on your websites: http://hubpages.com/learningcenter/legal-image-use

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Whats the worst that can happen?Damage to reputationFinancial costs (including legal)Court caseLoss of customLoss of faith in brandLoss of investment

Most copyright infringement is likely to be a civil rather than a criminal offence

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Practical Tools to Manage RiskTerms and ConditionsWeb Disclaimer*

Notice & Takedown PolicyComplaints ProcedureSocial Media Policy / GuidelinesUser Education

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If you receive a notice of infringement...

Dont do nothing!Get claim substantiated Apologise Rapid take down procedureCredit/payment of royaltiesProfessional Indemnity Insurance?

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What about my own photos?Copyright in photographs you take is always yours (unless taking photographs as part of your employment)

You will need written consent from the individuals if using images for marketing purposes where one or two individuals are the focus of the photograph

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ChecklistWhere is the image from?Who owns the image?Is there a licence associated with it?How do you intend to use the image?What is the subject of the photograph?Are there any conditions set out by the place where you took the picture?How do you intend to use the image?

22Others imagesYour images

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Protecting your own works23Copyright policy on your blog with contact detailsWatermark your images (e.g. with Umarkonline)Use reverse image search engines like TinEye to discover uses of your images on the Web

Stipple can help you stay connected to your content by creating a unique fingerprint that stays with it wherever it travels within the website's network. There is the bonus that you can add interactive content to tell the story behind the image and get detailed analytics about views and shares.

Another tip to protect your intellectual property rights is to add a subtle watermark detailing ownership. Most editing packages will let you do this by adding a translucent layer - and you will find lots of tutorials online. If you want a quick and simple tool try Umarkonline.

If you think your images are at risk of copyright theft it is not a bad idea to run them through a reverse image search like Tineye every now and again. This site will trawl through the web detailing anywhere else the image is found.

A quick way to check a whole website is to run the address through Copyscape, which will tell you if any other web pages online are using the content posted on it.

You can achieve very similar results by running a simple image or text query through a search engine like Google.

If you do find a violation there are steps you should take to tackle it, rising in escalation depending on how the violator responds. The first step is to contact them directly. Keep it simple and non-confrontational. It could be they are not aware that they have done anything wrong and the matter can be resolved swiftly.

If you get no joy with the direct approach try contacting the web host or advertisers on the site. Inform them of the copyright infringement and ask them to act on your behalf.

Make sure you tell them you have tried the direct approach and add links to the infringing image and its original use on your page. If all else fails you might have to resort to legal action - but be sure the expense and stress levels are worth the effort to have your image taken down.

3. Lock the images onto your blog so that they cannot be dragged and dropped onto someone's computer. There are various online tools that will help you do this. This doesn't prevent someone from taking a screen shot of the image, but it can affect the quality of the photo that someone is taking.

4. Compress the files so that the quality deteriorates if the photo is taken from your blog. Run an online search for the tools that can help you do this.

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If you discover an infringement

Contact them directly, politely requesting removalContact the web host or advertisers on the siteTake legal action (but this may be expensive)Or you could just make your blog available under a Creative Commons licence

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Other legal issues to considerDefamation (libel)Causing substantial harm to another person (e.g. damage to reputation, exposing them to hatred, ridicule or contempt)Defences:If you can prove that what youve written is trueIf it was fair comment honestly held opinion on established facts

Contempt of Court / breaking court orders (e.g. publishing information when there is an injunction in place to prevent it)

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Under the Defamation Act, litigants have to show that the words they are complaining about caused "substantial harm" rather than simply "harm" to their reputations.

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Final Thoughts

Where possible, use material which is your own / public domain / licensed, or seek permission!

Make use of content under an exception or defence to copyright (but be aware that this carries risks)

There is no right or wrong way to attribute as long as you have included the author/creators name and a reference to the source

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27Source: Charles AppleAmerican Copy Editors Society http://www.charlesapple.com/2012/11/why-you-should-never-ever-steal-an-image-off-the-internet/

Billboard in Coimbatore, India, paying tribute to Nelson Mandela

A man in Coimbatore, India, bought billboard space two weeks ago to pay tribute to the great South African civil rights crusader-turned-political prisoner-turned-president Nelson Mandela.

One little problem, though: The picture his designer (most likely) stole from the internet to put on the poster wasnt of Nelson Mandela.No, thats actor Morgan Freeman.

True, Freeman played Mandela in a movie four years ago. But, as you know, theres no such thing as close enough in graphic design.

Chandrashekhar, who paid for the tribute as a mark of respect for the former president, has since realised the board mistakenly bears the picture of a Hollywood film star.

The cloth merchant from Chennai, south India said the mistake had been made by a designer and would be rectified: We will replace it with the correct picture of Mandela.27

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Snowflake from DisneySouth African Newspaper illustrating rare snowfall with cute snowflakes http://www.charlesapple.com/2012/11/why-you-should-never-ever-steal-an-image-off-the-internet/

Last year, one of my client papers in South Africa wanted to illustrate a rare snowfall with cute little snowflakes. Which they found via a quick Google search.28

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KUSA Channel 9 news in Denver 2012 running story about the summer games

/http://www.charlesapple.com/2012/11/why-you-should-never-ever-steal-an-image-off-the-internet

The problem? That wasnt really the logo for the London Olympics. That was a parody logo, as you can plainly see.29

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In May 2011, German news TV channel N24 ran a story about Seal Team Six, which had taken out Osama bin Laden.http://www.charlesapple.com/2012/11/why-you-should-never-ever-steal-an-image-off-the-internet

The problem? Thats not the Seal Team Six logo. You can tell because:

a) Thats a Klingon skull.

b) Those are Klingon batleth weapons surrounding the skull, and

c) The Maquis were featured on a TV show called Star Trek: Deep Space Nine.

The emblem was a fan-made emblem for an online Star Trek group. 30

Some useful resourcesBook: Charles Oppenheim (2012) The No-Nonsense Guide to Legal Issues in Web 2.0 and Cloud Computing

BBC Click article (2014) : How to protect the photos you post online http://www.bbc.co.uk/news/technology-26447317 (lots of good links to web applications)

BBC article (Feb 2013): Twitter users: a guide to the law http://www.bbc.co.uk/news/magazine-20782257

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Other useful resourcesWeb2Rights toolkitCustomisable templates / licencesInformed risk managementUseful for library / information / knowledge managers and policy makerswww.web2rights.org.uk

JISC Digital Media / JISC LegalPrimarily education but good advice on legal issues of digital media including storage, images, sound and filmwww.jiscdigitalmedia.ac.ukhttp://www.jisclegal.ac.uk

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Thanks for listening!Emily Stannard emily.goodhand@googlemail.com

On Twitter: @copyrightgirl

Blog: Copyright For Educationhttp://copyright4education.blogspot.co.uk

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