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The European Court of Justice has determined that a website must get permission from the copyright owner of an image before it can use the picture itself – even if that photo or illustration is readily available elsewhere.
That may seem like an obvious conclusion, however, the official advice delivered to the Euro court by its general advocate argued otherwise, with disagreement centered around the legal definition of what represents a "new public" when it comes to publication.
The question asked of the ECJ was: "Whether the concept of 'communication to the public' covers the posting on a website of a photograph which has been previously published on another website without any restrictions preventing it from being downloaded and with the consent of the copyright holder."
The court ruled on Tuesday that yes, it does. And that has huge implications for anyone in charge of a website.
[...] The implications are huge: it will embolden copyright holders to demand payment from any website that hosts their images. And that could potentially force millions of websites to take down all their pictures if they are hit repeatedly with payment demands.
It will also mean that every website – even school websites – will have to make sure that they only post images that they have permission to post. And pretty much everyone is going to have to reeducate themselves about what is and is not allowable online.
(Score: 2) by MichaelDavidCrawford on Friday August 10 2018, @03:52AM (2 children)
-er.
A professional photographer took a photo at burning man that later went viral on some other guy's website. The actual photographer never got any credit for it.
There's a certain nature photographer who devotes quite a lot of time and effort to locating unlicensed copies of his works. He really shouldn't have to.
The copyright forum at webmasterworld discusses mostly how to track down content scrapers. One real good way that's worked for me is to google and entire sentence out of the middle of one of my pages, in quotes.
It's very common for machine-generated linkspam and clickbait websites to use content they scraped from legit sites. After a while they all stopped stealing complete pages, and replaced that with just one paragraph per source page - so a full clickbait page would have one paragraph each from dozens of legit sites.
I mentioned that when I interviewed at Google. My interviewer said that's called "tiling".
Yes I Have No Bananas. [gofundme.com]
(Score: 1, Informative) by Anonymous Coward on Friday August 10 2018, @04:28AM
for images, search with tineye.com I've had very good luck with this image search engine.
(Score: 2) by MichaelDavidCrawford on Friday August 10 2018, @05:52AM
I am absolutely serious.
I was quite puzzled that I couldn't just pop in my payment card number. Rather I entered my email so that a week or two later a sales rep emailed me.
She wanted to know what I planned to use their strip for - local, national, worldwide, dead-trees or online.
I told her my website had international appeal. About a month later she got back to me with the info that they would charge $250 per year. I regard that as reasonable.
However, Scott Adams isn't going to have a whole lot of luck with legal licensing until they can make the process a whole lot more automated, or at least a whole lot more expeditious.
In other news, DailyKos was built with the very same Scoop CMS that Kuro5hin was. Kos hired Rusty Foster to build him a political site back in the day.
At k5 I could run a self-service text ad for ten bucks for I think 20,000 impressions. The only part that wasn't automated was Rusty's quick glance to approve the ad.
So I figured I'd do the same at DailyKos, but it asked me to email their ad department with my phone number so a sales rep could call me.
Yes I Have No Bananas. [gofundme.com]