{"id":5210,"date":"2017-01-10T15:05:30","date_gmt":"2017-01-10T21:05:30","guid":{"rendered":"http:\/\/bgs.com\/?p=5210"},"modified":"2017-01-10T15:05:30","modified_gmt":"2017-01-10T21:05:30","slug":"just-pull-it-off-the-internet-said-no-good-lawyerever","status":"publish","type":"post","link":"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/","title":{"rendered":"\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever"},"content":{"rendered":"<p>Need a graphic of fireworks for a party invite? Looking for a cartoon for a blog? It\u2019s tempting to just use your favorite search engine and copy one of the internet\u2026 but please DON\u2019T (at least not until after you read this article!).<img loading=\"lazy\" class=\"alignright size-medium wp-image-5212\" src=\"https:\/\/bgs.com\/wp-content\/uploads\/fireworks-1-300x175.jpg\" alt=\"\" width=\"300\" height=\"175\" \/><br \/>\n<a href=\"https:\/\/bgs.com\/areas-of-practice\/corporate-business-law\/\">Copyright law is alive and well<\/a> \u2013 and applies to items on the internet to the same extent that it applies to the books at the library. We all know that copying someone else\u2019s work is illegal; that work includes art, photos, books, movies, songs and more. \u00a0Recent law suits have highlighted the wrongful use of pieces of songs, with courts reiterating that any original work of authorship (so long as it is expressed in a tangible way) is protected.\u00a0 The internet IS a fixed medium, and works that are found on the internet are still subject to protection. That fireworks graphic? Well, it was created by someone and if you want to use it, you need to have permission.<br \/>\nAt this point I suspect some readers are thinking \u201cwait! This is fair use. I won\u2019t make any money on that party invitation so I can use the artwork\u201d. Actually, not true\u2026 but don\u2019t feel bad about being wrong, most people (including lawyers) are confused by the concept of \u201cfair use\u201d.\u00a0\u00a0 To understand this exception to the rule, start with the rule itself. \u00a0An original work in a fixed medium is protected (even without the \u00a9mark), and our fireworks graphic certainly qualifies. Therefore, permission is needed, since using any part of that work is an infringement. \u00a0Permission may be granted specifically through a contract or generally by an author, or circumstances may exist that provide an exception to the rule. \u201cFair use\u201d is an exception to the rule, and in very specific circumstances it \u00a0allows the use of someone else\u2019s work without that person\u2019s permission. When considering whether a use is fair use, the court will first consider \u00a0the <u>type<\/u> of use \u2013 was it for comment, news reporting, criticism, scholarship or research? Those uses may be allowed without an author\u2019s permission, but other facts are looked at too. How much was copied is a factor, as is the impact on the <a href=\"http:\/\/www.intangiblebusiness.com\/brand-services\/legal-services\/copyright-valuation\" target=\"_blank\" rel=\"noopener noreferrer\">value of the copyrighted work<\/a>. The greater the \u201creward\u201d (monetary or otherwise) to the user, the less likely the court will find that the use was fair and didn\u2019t require the author\u2019s permission.<br \/>\nKeeping all those concepts in mind, how about Facebook sharing? Instagram reposting? Twitter retweeting? One could certainly argue that in using social media an author could be construed to have waived copyright protection, but being in a position of having to argue that in court is an expensive and risky proposition.\u00a0 In 2014 a court awarded damages to a photographer who, after taking photos of the devastation in Haiti and sharing them with a friend, was shocked to see his photos retweeted and used by such media outlets as AFP, Getty Images, CBS, ABC and CNN.\u00a0 Because he did not give permission to anyone to use his photos (simply sharing them was NOT permission) he was awarded 1.2 million dollars in damages in one lawsuit. He settled with the other media outlets on undisclosed terms.<br \/>\nThis case sounds unusual, doesn\u2019t it? The use of internet images is so rampant one can imagine that there are thousands of infringements per day, and therefore there should be thousands of lawsuits as well, but there aren\u2019t. This lack of enforcement is part of what feeds the misconception that images on the internet are free for one\u2019s taking.\u00a0 The reality is that many instances of copyright infringement are so quick and on such a small scale that the author of the work may not even know her work has been used.\u00a0 Think of your party invite \u2013 how would the author even know about it? Actually, if she is a careful author, she has engaged the services of an image search firm that is constantly on the lookout for copies of her work on the internet. At a minimum, you may eventually get a demand letter for your unlicensed use. If she is really determined (and flush with cash) she may bring suit (and you will likely LOSE).\u00a0\u00a0 However, one of the reasons that we don\u2019t see a lot of litigation over seemingly minor violations (like your party invite) is the <a href=\"https:\/\/bgs.com\/criminal-law\/criminal-defense-attorney-cost\/\">high cost of litigation<\/a>.<br \/>\nNow that you know you really need permission, how do you get it? First, most websites will have contact information and getting permission may be as simple as contacting the author and asking for it. \u00a0In addition, many photos and other works are published on the internet and specifically provided for free use \u2013 you may or may not need to give attribution (i.e. credit) to the creator of the work. Many companies offer free search tools to help you locate images that you can use without concern; \u00a0I recommend the Free Image Search created by the folks at Cohlab. The link for the Cohlab tool is found below. And many thanks to Cohlab for consenting to the link\u2019s inclusion in this blog! <a href=\"http:\/\/cohlab.com\/\">Cohlab<\/a>\u00a0is a Google Certified digital marketing agency specializing in responsive website design, SEO, SEM, video advertising, social media and reputation management.<br \/>\nFinally, I bet you noticed the catchy fireworks design at the top of this article. I got it off the internet!! Of course, I used Cohlab\u2019s tool to find a free image which the author had designated as follows: \u201cfree for commercial use, no attribution required\u201d. \u00a0With as easy as it is to find a free image that you can use without violating copyright law, there is no reason to expose yourself or your company to a lawsuit over copyright violation for pulling images off the internet.<br \/>\n<a href=\"http:\/\/tools.cohlab.com\/\"> Cohlab tools link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Need a graphic of fireworks for a party invite? Looking for a cartoon for a blog? It\u2019s tempting to just use your favorite search engine and copy one of the internet\u2026 but please DON\u2019T (at least not until after you read this article!). Copyright law is alive and well \u2013 and applies to items on the internet to the same extent that it applies to the books at the library. We all know that copying someone else\u2019s work is illegal; that work includes art, photos, books, movies, songs and more. \u00a0Recent law suits have highlighted the wrongful use of pieces of songs, with courts reiterating that any original work of authorship (so long as it is expressed in a tangible way) is protected.\u00a0 The internet IS a fixed medium, and works that are found on the internet are still subject to protection. That fireworks graphic? Well, it was created by someone and if you want to use it, you need to have permission. At this point I suspect some readers are thinking \u201cwait! This is fair use. I won\u2019t make any money on that party invitation so I can use the artwork\u201d. Actually, not true\u2026 but don\u2019t feel bad about being wrong, most people (including lawyers) are confused by the concept of \u201cfair&#8230;<\/p>\n","protected":false},"author":14,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[29,17],"tags":[],"coauthors":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v20.6 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever - Barna, Guzy &amp; Steffen, LTD.<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever - Barna, Guzy &amp; Steffen, LTD.\" \/>\n<meta property=\"og:description\" content=\"Need a graphic of fireworks for a party invite? Looking for a cartoon for a blog? It\u2019s tempting to just use your favorite search engine and copy one of the internet\u2026 but please DON\u2019T (at least not until after you read this article!). Copyright law is alive and well \u2013 and applies to items on the internet to the same extent that it applies to the books at the library. We all know that copying someone else\u2019s work is illegal; that work includes art, photos, books, movies, songs and more. \u00a0Recent law suits have highlighted the wrongful use of pieces of songs, with courts reiterating that any original work of authorship (so long as it is expressed in a tangible way) is protected.\u00a0 The internet IS a fixed medium, and works that are found on the internet are still subject to protection. That fireworks graphic? Well, it was created by someone and if you want to use it, you need to have permission. At this point I suspect some readers are thinking \u201cwait! This is fair use. I won\u2019t make any money on that party invitation so I can use the artwork\u201d. Actually, not true\u2026 but don\u2019t feel bad about being wrong, most people (including lawyers) are confused by the concept of \u201cfair...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/\" \/>\n<meta property=\"og:site_name\" content=\"Barna, Guzy &amp; Steffen, LTD.\" \/>\n<meta property=\"article:published_time\" content=\"2017-01-10T21:05:30+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/bgs.com\/wp-content\/uploads\/fireworks-1-300x175.jpg\" \/>\n<meta name=\"author\" content=\"Carole Clark Isakson\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Carole Clark Isakson\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/\",\"url\":\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/\",\"name\":\"\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever - Barna, Guzy &amp; Steffen, LTD.\",\"isPartOf\":{\"@id\":\"https:\/\/www.bgs.com\/blog\/#website\"},\"datePublished\":\"2017-01-10T21:05:30+00:00\",\"dateModified\":\"2017-01-10T21:05:30+00:00\",\"author\":{\"@id\":\"https:\/\/www.bgs.com\/blog\/#\/schema\/person\/cf578526284af48ebb41a289d9ac0be9\"},\"breadcrumb\":{\"@id\":\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/www.bgs.com\/blog\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/www.bgs.com\/blog\/#website\",\"url\":\"https:\/\/www.bgs.com\/blog\/\",\"name\":\"Barna, Guzy &amp; Steffen, LTD.\",\"description\":\"Attorneys at Law\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/www.bgs.com\/blog\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"},{\"@type\":\"Person\",\"@id\":\"https:\/\/www.bgs.com\/blog\/#\/schema\/person\/cf578526284af48ebb41a289d9ac0be9\",\"name\":\"Carole Clark Isakson\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.bgs.com\/blog\/#\/schema\/person\/image\/9ca7f6dc65e967327cdf64c06a921b7c\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/f7756f9fb8a1d2dff6bdce502e9555e2?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/f7756f9fb8a1d2dff6bdce502e9555e2?s=96&d=mm&r=g\",\"caption\":\"Carole Clark Isakson\"},\"url\":\"https:\/\/www.bgs.com\/blog\/author\/carole-clark-isakson\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever - Barna, Guzy &amp; Steffen, LTD.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.bgs.com\/blog\/2017\/01\/10\/just-pull-it-off-the-internet-said-no-good-lawyerever\/","og_locale":"en_US","og_type":"article","og_title":"\u201cJust pull it off the internet!\u201d Said no good lawyer\u2026ever - Barna, Guzy &amp; Steffen, LTD.","og_description":"Need a graphic of fireworks for a party invite? Looking for a cartoon for a blog? It\u2019s tempting to just use your favorite search engine and copy one of the internet\u2026 but please DON\u2019T (at least not until after you read this article!). Copyright law is alive and well \u2013 and applies to items on the internet to the same extent that it applies to the books at the library. We all know that copying someone else\u2019s work is illegal; that work includes art, photos, books, movies, songs and more. \u00a0Recent law suits have highlighted the wrongful use of pieces of songs, with courts reiterating that any original work of authorship (so long as it is expressed in a tangible way) is protected.\u00a0 The internet IS a fixed medium, and works that are found on the internet are still subject to protection. That fireworks graphic? Well, it was created by someone and if you want to use it, you need to have permission. At this point I suspect some readers are thinking \u201cwait! This is fair use. I won\u2019t make any money on that party invitation so I can use the artwork\u201d. 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