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Blogger sued for $7.6M - Why not to use copyrighted images

Discussion in 'Legal Issues' started by Crusader, Dec 17, 2006.

  1. #1
    Paparazzi sues celeb blogger for $7.6M

    Now that is an excellent example for people still trying to justify using images without permission. You can definitely be sued, as this example shows. Now, this might be driven somewhat out of proportion but in my opinion they have a pretty good case against the guy. It would be interesting to see the outcome.

    Just another reminder why you should ALWAYS ask PERMISSION FIRST, before using any image on your site.SEMrush
     
    Crusader, Dec 17, 2006 IP
    SEMrush
  2. Austars

    Austars Active Member

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    #2
    I have a feeling this guy is screwed, and he will lose in court.
     
    Austars, Dec 17, 2006 IP
  3. webb360.com

    webb360.com Peon

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    #3
    Ridiculous. Hopefully they will rule in favor of the blogger.
     
    webb360.com, Dec 17, 2006 IP
  4. RobertMedia

    RobertMedia Active Member

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    #4
    I agree with you
     
    RobertMedia, Dec 17, 2006 IP
  5. cormac

    cormac Peon

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    #5
    Why is that? He stole images and he is probably more than aware of copyrights.
     
    cormac, Dec 17, 2006 IP
  6. PayItForward

    PayItForward Peon

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    #6
    Even if he didn't know what a copyright was, he is still liability for his actions.
     
    PayItForward, Dec 17, 2006 IP
  7. Crusader

    Crusader Peon

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    #7
    Another article:

    LA Times
    Now, having actually checked out the guy's site, I definitely don't think he has a legal leg to stand on. His suppossed "fair use" seems very iffy to me. Basically he just blobbed a few marks on the photo (such as hearts, white spots etc.) and that's suppossedly sataric?

    I hope they take him down. I'm all for the right of free speech and the right to comment, but heck copyright holders also have the right to protect and control how their works are used.
     
    Crusader, Dec 17, 2006 IP
  8. cormac

    cormac Peon

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    #8
    Yes and I agree 100%.

    I had to laugh at his statement:

     
    cormac, Dec 17, 2006 IP
  9. mnymkr

    mnymkr Well-Known Member

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    #9
    my question is then , and I am ignorant of these kind of things, how can the company claim they have a "right" to the original photo? I am sure they did not ask permission or have the celebrities to sign a waiver to use their photo. And they are profiting from it.

    So their reply will be its for a news story and free press and all but....how do you decide what is newsworthy?

    so how can this blogger have violated their copyright if they never had the right to use the picture in the first place?

    i am just saying.
     
    mnymkr, Dec 17, 2006 IP
    frisby likes this.
  10. D_C

    D_C Well-Known Member

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    #10
    Wow... thats a way to kill someone financially. I hope the blogger wins somehow because even though I know he deserves to lose something, he does not deserve to lose 7 million dollars. Of which he probably does not have.
     
    D_C, Dec 17, 2006 IP
  11. Emperor

    Emperor Guest

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    #11
    It was bound to happen sooner or latter. I don’t know what to think about it, I guess once an image is on the net there’s really nothing you can do to prevent others from using them. Let’s see where this ends up.
     
    Emperor, Dec 17, 2006 IP
  12. Crusader

    Crusader Peon

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    #12
    Very interesting question. I did a quick Google search and came up with the following:


    Now in this case the guy is definitely infringing on the copyright of the photographer. It seems as if the fact that the celebrity didn't give permission for the image to be taken, wouldn't play a role here. Of course the celeb might always then go round and sue the photographer.

    At least that's my understanding. In any case, this will be a very interesting case to follow and see how it turns out.
     
    Crusader, Dec 17, 2006 IP
  13. cormac

    cormac Peon

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    #13
    The company claims the right to the photo as it was them who had taken it.

    The press dont need to ask persmission to take someone's photos, it probably falls under some kind of freedom of press act.
     
    cormac, Dec 17, 2006 IP
  14. 30k Challenge

    30k Challenge Peon

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    #14
    It's not ridiculous in the least. What makes you think it is ok to steal the work of others? Got anything of yours I can rob from you?
     
    30k Challenge, Dec 17, 2006 IP
  15. Icheb

    Icheb Peon

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    #15
    That's not because they are the PRESS. It's because the focus of the photograph was a public figure, as mentioned before. If you are taking a photograph from some unknown person and he is the focus of the photograph (meaning you don't just have him there incidentally because you wanted to get a shot of that nice building) you have to ask them first.
    Now if the public figure is on private grounds, you aren't allowed to invade their privacy, even if you are from THE PRESS.

    (This comment is based on German laws. Your mileage may vary.)
     
    Icheb, Dec 17, 2006 IP
  16. slipxaway

    slipxaway Active Member

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    #16
    I'm not taking sides here, I see the legal implications and understand the situation fairly well. I just think this is going to boil down to a lot more than just simple law in the eyes of the public. Telling people that satire is reserved for the major media corporations who have millions of bucks to blow on obtaining celebrity photos just won't play well with the public and their ideas of freedom of speech. Every Joe Blogger on the net is going to see this as an attempt to strip them of their rights and limit their ability to criticize and poke fun at celebrities or other public figures, whether justified or not. Usually companies do this to prove a point and make an example out of people, but I have a feeling this is going to backfire for them bigtime.
     
    slipxaway, Dec 17, 2006 IP
  17. gamerfreak

    gamerfreak Well-Known Member

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    #17
    What makes you think its right to completly and totally stalk others and publicise their pictures for the sake of embarracing them?

    One is illegal and one isnt. They are both wrong.
     
    gamerfreak, Dec 17, 2006 IP
  18. phree_radical

    phree_radical Peon

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    #18
    If he actually wants to help other bloggers, It seems he'd do best to drop the "willing to fight for the rights of all bloggers" motif as it might send a negative message about all bloggers.

    Eh. The laws need work, though, don't they.
     
    phree_radical, Dec 17, 2006 IP
  19. paidhosting

    paidhosting Peon

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    #19
    Only Big Fishes Fry other Fishes is what I see everwhere :). But making a fuss out of such things is another thing.
     
    paidhosting, Dec 17, 2006 IP
  20. pr0xy122

    pr0xy122 Peon

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    #20
    wow lol 7mil, bit much isnt it.
     
    pr0xy122, Dec 17, 2006 IP