Usually I restrain myself. Tonight I'm cranky.
I stay of out shit like this, usually, and this individual is a troll, and I know that. However, fandom aside, when you bring up art and free speech and copyright law and feminism, I’m going to respond. Usually angrily.
Rant ranty rant ahead…
dance-brainless-monkeys-dance:
Alright, the title is misleading because I’m not defending Tosh. The content he allows on his website is offensive and misogynistic so I gather the dude is an asshat. With that said, this whole incident with the Gishwhes “cheese” photo getting onto his site for millions to see is not his fault.
Correct. No one is at fault for this. The woman in the picture posted it herself publicly. I’m not a lawyer, but I’m guessing that Tosh and his staff can claim fair use because they’ve used the photo for commentary. The woman has every right to ask them to take it down, and they have every right to refuse. Misha Collins has every right to call Tosh out on it.
Not necessarily. Fair use doctrine is a defense that has to be determined by a court on a case by case basis, it’s not a part of copyright law you can look at and say this or that use is covered. Until a court issues a ruling on it, it’s just copyright infringement. And if it does go to court? Even things people usually assume are automatically considered fair use, like parody, have been ruled infringing.
In other words, Tosh could *claim* fair use for using this image, but that doesn’t mean a court would agree with him.
(IMHO* it wouldn’t be ruled a fair use and he probably wouldn’t try to claim it was. Among other reasons, it is very unlikely that an image used on a commercial website would be considered fair use.)
Still, what I advise any copyright holder to do instead of mounting a public campaign to get a © photo you don’t want people distributing removed is just to quietly send the web service (if it’s in the U.S.) it was reposted on a DMCA takedown notice informing them of the copyright infringement, which by law requires it to delete the image or disable access to it in a timely manner if they want to keep their safe harbor protections (what keeps the company from being legally liable for all the copyright infringing stuff their users upload to their accounts).
As for the rest of her post, yeah, ughh, rawr, they be trollin’ trollin’ trollin’…
*I am not an attorney, nor do I play one on Tumblr
Occupy Wall Street - Day 7 (Police Brutality) - Photographs by Paul Weiskel
With New York a short bus trip away Paul Weiskel decided to take his camera, laptop, and other essentials to help document this movement of movements, just average people, standing up against the banksters who are holding our democracy and country hostage.
DOOM! Magazine - Photo ©2011 Adrian Kinloch - Creative Commons BY-NC-ND - Girl in Green Hat Arrested: Occupy Wall Street Occupies the Brooklyn Bridge - This was one of the early arrests once the march went onto the roadway of the Brooklyn Bridge. About 430pm.
This seriously looks so much like my daughter (see Gir hat) I was like, WHAAAT O_o when I was editing blogs last night. Except she’d be arrested while shooting a protest with a Nikon. :)
This is the girl there were rumors going around with one of the videos about a “child” being arrested, with people looking down from the upper deck seeing her in this hat being handcuffed. IDK her age… but she could just be an adult Invader Zim fan.
There WERE youths out on the bridge with their parents, tho. Another shot in her photo set shows a mom with 2 kids standing next to a cop, and they look maybe 8-10 years, tops. No indication if they were among those arrested or if they were let go with the rear part of the column.
LINK » Lady Gaga premiers video for “Yoü And I” (HD NSFW)
Lady Gaga reveals her stunning and elaborate music video for “Yoü And I”, from her album, “Born This Way”. See it and a gallery of photos from the making of the video now on DOOM! Magazine…
“Beware of strange oddities, the more he tries to fix me, the more magical I become.”
wow i got a violation from tumblr support.
i can’t ask every single person if i can use their photo. this is ridiculous.
I’m sorry I can’t be more sympathetic. From the photographer’s perspective, that translates to a lack of respect for them and their work, that you can’t even be bothered to ask to use their photos. I know people enjoy blogging and sharing images, but the world’s not all about (them) and what makes (them) happy at other people’s expense.
A lot of people think it’s legal to use photos as long as you credit and link them. It does not make it legal. What’s necessary for it to be legal is to have permission.
If you don’t want to ask first, you can always search for images with Creative Commons Licenses, which are still copyrighted but are provided by the photographer with a pre-written license giving you permission to use them as long as you link/credit them properly. On Flickr, look on the lower right where it’ll either say “All RIghts Reserved” or “Some RIghts Reserved”. Click on Some RIghts Reserved and it shows you a copy of the CC license and what terms are included.
You can also specify only CC images when you run an advanced search. Scroll down and check off “Only search within Creative Commons-licensed content ”. There are thousands (millions?) of GORGEOUS CC licensed images available to use that won’t get you in trouble. For example (searched “landscape” for CC photos)
©2009 Alexander Shchukin, Some rights reserved
As far as Flickr goes, it’s the All Rights Reserved images that aren’t supposed to be used without asking first… unless you want to risk Tumblr deleting your account. They do that all the time, especially with the band related fan sites, because Flickr photographers have gotten wise to Tumblr (there are threads running in many of their discussion groups about it) and are checking Tumblr for their images and more and more often filing complaints. :\
We Really Love Your Stuff, But We're on a Really Tight Budget | Pixiq
“I’m sure many of you out there have encountered similar scenarios. While pretty much everyone expects to get paid for their work, for some reason it’s becoming increasingly common to expect creative professionals — musicians, artists, photographers, etc. — to settle for peanuts, name dropping or just simple flattery in lieu of actual monetary compensation.”
LINK: Bloggers Beware: Debunking Nine Copyright Myths of the Online World
Please read the article at this link… it’ll explain pretty much everything people are asking me about blogging images on Tumblr.
Bloggers Beware: Debunking Nine Copyright Myths of the Online World
Myth #1: It’s okay to use anything that doesn’t have a copyright notice
Myth #2: It’s okay to use anything that’s online, because if it’s online, it’s in the public domain and up for grabs
Myth #3: It’s okay to use anything as long as I’m not making any money off it.
Myth #4: It’s okay for a non-profit organization to use anything
Myth #5: It’s okay to use anything as long as I give credit
Myth #6: It’s okay to use anything as long as I include the creator’s copyright notice
Myth #7: It’s okay to use anything as long as I take it down when the copyright holder objects
Myth #8: It’s okay to use something if I can’t find the copyright holder
Myth #9: It’s okay to use something if I asked for permission and didn’t get a response
If you know to answer “NO” to all of the above you’ve got a better understanding of copyright law than 99.999% of Tumblr.
Apocalyptica @ Club Nokia in Los Angeles, California USA on September 8, 2010. ©2010 MiseryXchord. Rights Reserved. Do not remove link/credit if reblogging.
Well, I think we learned a very valuable lesson today.
I will be posting photos a lot less. Making sure I receive permission from everybody’s photos I post.
I advise all other sites to be doing the same thing if photos are copyrighted.
You could be fined thousands of dollars.
Just a warning.
I would also like to sincerely apologize to Jason Wilder of www.ishotyourband.com. Thank you for not taking further action.
I would also warn anybody who has used his photos to remove them immediately.
I would ALSO like to say that though I do ask quite often off of flickr sites if I can use photos, it should always be done no matter the circumstances.
If you use a photo, make sure you not only get permission, but credit as well. Just crediting isn’t okay.
I’m sorry & Thank you.
- Ashley
Thanks for posting. People need to take this to heart!
fy A FIRE INSIDE exclusives…
When we reach these many followers, I’m posting a never before published (anywhere, web or otherwise) AFI photo…
50
75
100
125
…you get the picture ;)
And we’re REALLY close to 50!
New Photos! Civet @ The Vault -DOOM! Magazine
MiseryXchord - Hellcat Record and Los Angeles’s own punk princesses Civet brought their Femme Fatale Punk Rock home and melted our faces off with an all-ages performance at The Vault in Temecula, California USA.
I’ve said repeatedly that I do not claim any of the images I post here unless they are mine
If you want something removed there is a message service that tumblr has set up, so it’d be nice if you messaged me rather than write a bitchy blog saying I claim to take all the pictures and not credit and then report me to tumblr I credit back to the places I find them through linking through the pictures.
I never said you claimed it was your photograph. I don’t know why you’re lying about this to your followers… but you are are providing a vivid example of why I complain directly to Tumblr instead of bothering to contact each person who steals my images on this site.
I’ve said repeatedly that I do not claim any of the images I post here unless they are mine
If you want something removed there is a message service that tumblr has set up, so it’d be nice if you messaged me rather than write a bitchy blog saying I claim to take all the pictures and not credit and then report me to tumblr I credit back to the places I find them through linking through the pictures.
It’s copyright infringement if you publish images without the owners permission, even if you credit and/or link them. It’s copyright infringement even if you don’t claim you created the photos. It’s copyright infringement unless you get permission BEFORE you publish someone else’s images. A photographer doesn’t have to ask YOU to take something down that YOU should have asked for permission to publish in the first place.
Hey kids! Here’s how to build your very own fan site on Tumblr!
1) Steal and publish a ton of other people’s copyrighted photos off their professional licensing site without bothering to get their permission.
2) Whine loudly and repeatedly about people reposting and not crediting you when they reblog the photos.
3) Wait for actual owners of the photos to find your site and slam you with a copyright infringement complaint to Tumblr.
Hope this helps!
