Copyright and ‘Fair Use’ in Blogging: Images
January 30, 2012
This is the first of a planned three-part series on the basics of copyright in blogging. Disclaimer: I am not an attorney, and this post should not in any way be construed as legal advice. I have done my best to educate myself in an informal way on the issue of copyright, and share what I have learned with that understanding.
There’s no arguing with the fact that images add to blog posts. This post by blog critiquer Laura B. Writer underlines the importance of using images or photos to both enhance the appearance of your blog and attract readers.
However, it’s not a matter of simply finding images on the internet, saving them to your computer, and putting them into your blog.
Most of those images you find so easily with any search engine are copyrighted, and are not necessarily free to use, easy though it seems to be to do so.
It’s not just a matter of finding images that don’t have watermarks, either. If you just use a thumbnail or portion of an image, with a link to the actual image, you might be able to claim “fair use” (see this discussion of copyright, intellectual property and fair use )
However, it is much better to use only images that are either from a Creative Commons site, are royalty-free, or for which you have purchased a license. I’ll talk about those three options separately, with links for illustration purposes. Note: for any of these instances, always check the terms and conditions of a website rather than making assumptions about how you may use their images.
Creative Commons – this is a concept that has grown up over the last several years as an attempt to address the issue of copyright when it comes to the internet in a fair and equitable manner for all. Some image creators license their work as Creative Commons, rather than calling their work copyright. In these cases, you are likely to be able to use their work freely, if you adhere to the terms and conditions. You are usually required to link back to the original source. Here is a more detailed discussion of Creative Commons. One source for Creative Commons images is the Flickr Creative Commons. Note the list in the right sidebar of the varying rules for the different categories.
Another option is to find sites from which you can download legally. These fall into two broad categories, free and pay-for-licensed-use.
After you scroll down past a number of other resources, this link provides an extensive list of sources of free images (note that you need to check the terms of each, because some looked “freer” than others to me).
Fee-based License – the one I have chosen to follow for the images I use on my blog, is the category of sites that allow a person to pay a small fee to ensure legal use of the images purchased. (Again, one must adhere to the terms and conditions.) Fotolia sells credits in blocks, beginning with a block of 25 credits which cost about $1.30 per image (you then have the ability to use that image an unlimited number of times on blog or website). The cost goes down with the purchase of larger blocks. I like using this option, because I know for sure that the images I’m posting are legally acquired, and there is a huge number of images to choose from. There are, of course, other sites which offer the same service.
NOTE: We writers often do book reviews on our blogs. It is good to know that using a cover image in the context of a review is considered fair use. Note that using any other images from the book would require the permission of the illustrator or publisher.
A quick word about YouTube videos. It is so tempting, and so easy, to add YouTube videos to one’s blog, but here again, I’d caution to check the copyright of such videos, as often, performances, recordings, and books are posted on YouTube by someone who does NOT own the copyright for these things. It’s always best to err on the side of caution. Here is a link to YouTube’s FAQ.
I found another blogger’s commentary on copyright and fair use which you might find helpful.
And from about.com, some words on copyright and fair use.
Next Monday: a look at Copyright and ‘Fair Use’ in quoting others’ content.