Photos: When to Share, and When to Find Your Own
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15 Sep 12
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7 Comments
Here’s the thing: we all like pictures. They can be funny, sad, inspiring and outright beautiful. You can add a funny caption and create a viral meme. But, as moms, our photos have special meaning to us. We put them in albums to cherish long after our children are grown. When we find others making money off our images, we get more than a little upset.
Take, for instance, NickMoms’ use of photos from all over the web. Funny, yes. Credited, sometimes?
See Hands off Our Content by Amy, Be Original by Kelby and Imitation is Not Flattery by Alexa.
So, what’s the issue with using someone’s photo?
Crediting the photographer (or image/graphic creator) isn’t enough. Especially when it comes to photos of children. Unless you bought the image on a stock photography site, or found a free stock image with very clear terms of use stating you may use it on the web for such purposes, you’re breaking the law. I’m a photographer. I can’t even use images I take of people at events without getting them to sign a model release and that release has to state exactly how I’ll use that image. I have not signed a release saying you or your brand can use images of my kids. So no, you may not use my photos.
When is it ok to share an image?
If someone has given you permission to use their image. In this case, you credit the photo and mark used with permission. Read The Myth of Fair Use by Cecily Kellogg.
When it’s Never Ok.
- A photo is marked copyrighted.
- There’s a watermark on the photo
- The site’s copyright or terms of use specifically states that any use of images is prohibited.
Sharing on sites like Pinterest is a little different.
The image should link directly back to the source. In this case, you’re saying “I like this image.” “I’d like to read this post again later.” Or, “I want others to see this post.” If the author has included a Pin button in their post, assume it’s ok with them for you to share socially. This does not mean on your site. This means on social networks, with the intent to bring people back to the source. If there is no Pin button, check the author’s Pinterest account and see if they’ve pinned the post. Re-pin that.
Up for Discussion?
To me, this would be acceptable. To others, it may not be. I would love to hear your thoughts on this type of usage!
You’re creating a round up of say, your favorite bloggers. You want to link to several people and maybe show their faces. In this case, get a stock photo for the main image. Make that image pinable. (upload to your blog) For the others, use very small images. Do not upload. Link them to the blogger’s home or about page. And by all means, credit. Talk about why the blogger is on your list and what makes them special to you. Then send people to the blog you love. Make sure the only pinable image is one that you own or have permission to use. This is considered promoting someone else and is usually appreciated. Note: If there are pictures of children, you must ask for permission. Must.
What do you think? Would the above scenario be considered flattery, or thievery?
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7 Comments
Erica, this piece raises great points! While I don’t place URLs in comments, I have a piece on Fair Use that helps to dispel a lot of myths and misconceptions of the fair use argument. Because that’s what it is – something you’d be willing to defend in court as justification for using something, not a safety net within itself. And even a small image is using the whole image and could be an issue. Context is key.
Giving credit is never getting permission. Via Pinterest or elsewhere. We all need to read the fine print. And when in doubt, ask. We need to connect in the blogosphere
Ok, so all those searches on your blog just now for “Fair Use”? That was me. LOL I just found your post and I love your way of explaining it and the little myths at the bottom. I’m putting the link here cause I think bloggers need to learn this stuff. I know I do.
http://alexandrawrote.com/if-emily-posted-on-fair-use/
Great tips. You would think common sense might prevail here, but it usually doesn’t. I always, always credit the original source. When I pin something, I pin from the original source and try to tag the person in the comment if they have a Pinterest account.
brianna’s recent brilliance… RED writing hood: the girl with the yellow umbrella
My understanding is that round-ups are generally defensible from a legal stand-point (and generally appreciated by the linked bloggers because):
You are using a thumbnail (I usually use images of 150 px wide);
You are curating, therefore adding value;
Usually round-ups with photos are of recipe or craft posts so you are taking a small part of the whole;
Againh, given the types of round-ups for which you would use a photo, you are not affecting the marketability of the work–if someone likes my craft/recipe, they will have to click over to find out how it is done–you are actually increasing my work’s value.
I’m not a lawyer … That’s just my understanding.
One thing: you seem to suggest hot linking? I would say the opposite…download the image and upload a small thumbnail.
Candace, that’s the way I see it too! You’re promoting them, sending people back to the source for the content. I love those kinds of posts.
The only reason I suggested hotlinking was so those images weren’t pinable. (Normally, I don’t suggest hotlinking at all. I know it’s not a good idea.) But, I could see where if someone saw their image on FB, Pinterest, etc with a link back to your post, they might be upset. That’s why I said large/pinnable image should be your own photo or stock.
Definitely just an option for those wanting to play it extra safe. Not a must-do by any means.
Personally, I use a plugin that allows me to make an image pinable or not pinable and I can upload all the photos if I want, and still only my large images will be pinnable. But most people don’t want to spend $20 on a plugin.
Hi Erica -
How does this apply to photos that appear in the news i.e. accompanying a news story? I’d like to start a foreign policy blog and am stumped on how to get pictures of current events to accompany my posts.
Thanks!
Kate
Kate,
It really depends… for news, a lot of times pictures of events and such are considered editorial and you don’t have to get model releases signed. Here’s some more on Editorial Use: http://www.photobuyerguide.com/blog/500-what-is-editorial-license-editorial-usage-stock-images/
Of course you can’t just use an image you find in someone else’s news feed since those photographers were probably paid by the news outlet to take the photos meaning that news outlet owns them. However, if you find some via a stock site that has editorial images, the above will explain the terms of use for such images.