The Fair Use Excuse

by Karoli on January 3, 2007 · 5 comments

Lake reflection from the train Here’s a nice view shot from the Coast Starlight back in November. If you click the photo, you’ll discover that it’s available for anyone to use for non-commercial purposes under this license.

I intentionally license all of the photos I upload to Flickr under this license so that bloggers and others are free to use my images on their blogs or other projects, provided that they give me credit, and don’t make money from my work. As the beneficiary of shared creations, including the template for this blog, WordPress plugins, and other open source projects, I see it as a way to be a good citizen. It’s also a way to receive some attention for my photography and other projects.

From time to time I’ve blogged others’ Flickr photos here, with full attribution and credit, including posting one of their images as a clickable image back to their photostream. To me, this is the only acceptable method of blogging others’ photography. I’m extremely anal about this — as a creator of user-generated content (that ubiquitous “you”), I’m willing to share but not give it away. It’s still mine and I should get credit.

Tonight I was clicking through feeds when I came across this post calling for feedback about blogging tools of the future. I’ve been a reader of David Krug’s since the PayPerPost brouhaha a couple of months back when he was blogging at the Blog Herald, which has been acquired and seen a complete turnover. David now blogs at 9o1am.com, where I remain an reader and occasional commenter.

The image in the right corner is one created by a Flickr friend of mine: StuckInCustoms aka Trey Ratcliff. I wrote a post about Trey last month congratulating him on the gallery show of his exquisite HDR photography. If you read the comments on the 9o1am post, you’ll see that there’s a difference of opinion about whether Trey should’ve been credited somewhere in the post for his work.

I don’t think David Krug meant to do anything other than use a stunning image to augment the point of his post. I am not accusing him of stealing or engaging in anything nefarious. However, it really does highlight the unfair use of fair use excuses. Trey’s work is on exhibit. It’s for sale. Trey has copyright restrictions on his photography on Flickr. Yet, it’s easy enough to figure out how to link a Flickr image and blog it. Trey could prohibit blogging of his images, but then he loses the attention that he might receive from someone blogging with attribution.

Here’s a simple set of rules to remember when using others’ work in a fair use situation: 1) Give them credit; 2) Give them credit; 3) Give them a link; and 4) Honor their license. If images didn’t enhance one’s blog they wouldn’t be used. Yet I see images all the time with no attribution on bloggers’ posts.

Here’s the thing: Most of us who create things want to share them. We just want the attention that comes with that — the CREDIT for being a creator of something beautiful, or funny, or cool, or useful.

It’s not always about money. Sure, the musicians and their labels forced all of us to bend to DRM, but I hate that as much as the next guy. What I hate more, though, is creating something and not getting recognition for it.

To blog a photo with credit from Flickr all one needs to do is add the Emorate photo comment tool to their Firefox toolbar. To blog that image with credit, go to the image you want, click the Emorate tool, choose the size, and you’ll be provided with the HTML to blog it as a hotlink back to the original image with a link to that user’s photostream beside it. One-click easy, attribution problems solved.

What do you think? Do you have other solutions? Post ‘em in the comments.

Update: I’ve retitled this post to reflect a more general topic and to remove the implication that there was a lack of respect happening. The image that I referred to originally has been removed and replaced with what appears to be a stock photo.

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  • Bob Roberts

    There are too many sites run by photographers that take others images without giving credit. Just the other day there was a website (PiranhaDailyNews.com) that wrote something about 10 things they wished for. One of them was about giving photo credit where credit is due. They wrote that these sites wouldn’t hesitate to get an attorney if someone took one of their images even though they take images and don’t attribute them to the original source. Our photographic society is doing a great job running blindly.

  • http://901am.com David Krug

    The photo in question has been taken down even though it was used within fair use rights. I’ve also gone ahead and blacklisted it and your flickr accounts. I never meant to offend. Although I noticed you sure noticed the image and didnt read the article. Sorry for the slow response. I was in bed with a migraine. Imagine I run a free website providing all this free coverage and all I ever get is harassment.

  • http://drumsnwhistles.com karoli

    David, it’s a pity that you didn’t really read what I wrote. Had you read it, you’d have seen that I was not criticizing you as much as I was highlighting the need to give credit where credit is due.

    Your blacklisting of our flickr accounts offends me — among other things it sends a message to Flickr that WE broke the terms of service.

    I wish you all good luck with your blogging venture. I hope you make money. Piles of it.

  • http://901am.com David Krug

    I didnt blacklist you at flickr. Just a personal blacklist.

    Also who needs piles of money when u can have piles of comments. Way more entertaining.

  • http://www.photofool.com photofool

    This is such a difficult and sensitive issue. Most of the times, it’s just misunderstanding; however there are a few folks who just have no respect for intellectual property rights. This is why I put copyrights on all my photos. This doesn’t stop people from using them w/o asking. The problem with CC license is that there are too many variations, and some just assume that CC=Free for all.

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