Images, fair use, and copyright

[zargon]

Lately I've been thinking of starting a blog, and have read a bit about the use of images for copyright protected stuff like movies, games, books, etc. The only thing I've really been able to conclude is that it's an arbitrarily enforced issue, and it's entirely up to the copyright owner to decide whether to go after the site/blog owner or not.

There's the talk of "fair use," which basically makes it sound like you can use images from a book or movie or whatever, but it seems like it's only a guarantee if you're promoting the work and not saying anything bad. And you aren't making a profit (which makes me wonder how advertisements factor into it). Though even then, I've heard of cases where someone went after a blogger.

I've also heard stuff like "how many images" you use mattering. And some say you should specifically track down the copyright owner and ask for permission, which obviously sounds a bit ridiculous. Others put something like "All poster images and video screenshots remain the property of their copyright holders" at the bottom of the page.

I've asked the owners of a couple blogs I frequent for their input, and they've generally said they haven't had any problems using stuff. One said he took his own pictures and never got a complaint, one said he took pictures off Google and only received a couple complaints, not threats. Both said that was just their experience, and they weren't sure if it was a legal defense.

So does anyone here who runs a site or blog know enough to shed some insight into this issue, like from firsthand experience? If it was just stories of people being sent a "cease and desist" email, and they had to take an image down, I wouldn't care much, but I've heard horror stories about being sued even after taking down an image, and having to get an attorney. I'm kind of wondering how Hardcore Gaming 101 handles it, with all the images they have. I remember the time they got a complaint or threat from Konami or someone over one of their books. I'm sure it's different if the site or blog is new or still relatively unknown, as opposed to a site like this one. I also wonder about the medium, like using video game images versus anime or comic books. And whether different types of images matter, like movie stills versus movie posters.

Kind of a long, rambling question, I guess.

[Discoalucard]

Fair use allows you to use copyrighted items (music, video, images) as long as its in support of a critical work. Like, technically just republishing screenshots or character artwork is not allowed. But if you've, say, written a review of that game or movie, and are using those images to accompany it, then it's fine. There's no defined ratio of "copyrighted work to original content" though. It doesn't matter if it's a commercial work, and you definitely don't have to speak positively about it. I've never heard of anyone having to hire an attorney for anything like this, unless they were trying to challenge something in court (which almost no one wants to do because it takes up a lot of time/money/resources).

Outside of the brush-ups I've had with Konami, which I think stemmed from them not knowing what the product was, the only thing anyone else needs to worry about is Youtube's draconian IP takedown system, which will (often without merit) automatically take down videos if it detects the slightest bit of potentially unauthorized music (or video footage, in some cases.)

[Scylla]

The book publisher I work for (not as an employee, but a freelancer) has no problem with images being used for review purposes. They're more concerned with, say, someone leaking the entirety of a book, making others more inclined to pirate than buy the real deal and support the creators.

If you happen to want to cover fan-made stuff, then I would be more hesitant about posting images, even if for a critical work. Reposting people's fanart or fanfics or whatever without permission ain't cool. In that case, always check if they state their stance on reposting anywhere and ask them yourself in lieu of that.

[zargon]

Thanks for the advice. The only specific example I can think of off the top of my head regarding getting outright sued AFTER removing the image was something about a blogger who used some no-name photographer's picture. So I'm guessing that was just someone who spotted a meal ticket.

So does Hardcore Gaming 101 use its own screenshots, or do you take stuff you find elsewhere? I have a camera, so that would be no problem for me, but I'm wondering about things like covers. I guess I'm wondering where you get the box art, somewhere online? And do you have to ask for permission from whoever's site you got it/?

[Discoalucard]

Covers are typically used from Mobygames, which we then credit. A vast majority of screenshots are taken ourselves, but occasionally we might use one from Mobygames too. Any photographs though, like from personal blogs, we don't use unless we have explicit permission from whoever took them.

The main reason is that people who take screenshots or scan box art don't actually "own" the image, whereas a photographer does.

[zargon]

May 29, 2016 10:19:40 GMT -5 Discoalucard said:

Covers are typically used from Mobygames, which we then credit. A vast majority of screenshots are taken ourselves, but occasionally we might use one from Mobygames too. Any photographs though, like from personal blogs, we don't use unless we have explicit permission from whoever took them.

The main reason is that people who take screenshots or scan box art don't actually "own" the image, whereas a photographer does.

Good point. Thanks again for the help, I appreciate it.