Yahoo Taking Advantage of Creative Commons with Flickr Wall Art – Hope they Don’t Screw it Up

1404 Phoenix Zoo-59 by Devon Christopher Adams from Flickr (Used with Permission)

1404 Phoenix Zoo-59 by Devon Christopher Adams from Flickr (Used with Permission – Devon & I have a standing agreement about using his work.)

My friend and amazing photographer Devon Christopher Adams tipped me off about Yahoo’s announcement that people can buy Flickr Wall Art of Creative Commons images from Flickr . If Yahoo does this right, it’s a brilliant business move. If they do it wrong, I hate them.

When a photographer posts their images on Flickr, they can designate whether they are restricting all copyright rights (“all rights reserved” aka don’t use my work without ask my explicit permission first) or attaching a Creative Commons license to it. A Creative Commons license means anyone can use the photographer’s work as long as you follow the rules of the license. For example, I often use Creative Commons images on my blogs but I only use photos that come with the license to modify and commercialize them. This allows me to crop the photo and to use it for business purposes – like a blog post on my law firm’s website.

If Yahoo only uses images for its wall art product that come with the license to commercialize them, then Yahoo already has permission to print these images onto paper or canvas and sell them, as long as they follow the other rules of the license.

Every Creative Commons license I’ve ever seen requires giving the copyright holder an attribution for their work. (Always give credit where it’s due!) I would hope that Yahoo would put the attribution on the front of the image – in a lower corner, so anyone who sees it can know who created the image. If that’s not possible (and good luck convincing me it’s not possible), at least put a non-removable label or notice on the back of who the copyright holder is and a URL to the original image on Flickr. If they don’t give an attribution as the license requires, they could be committing copyright infringement and could face a cease and desist letter, a bill, or a lawsuit.

I’m a huge advocate of copyright holders, especially in the arts community. I think a lot of photographers aren’t given the credit they deserve because many people assume they can replicate a photographer’s work with their smart phone – until they try to do it and they see how much skill it really takes.  Photographers constantly have to deal with people stealing their work online. It’s so wonderful to see them becoming more savvy about their legal rights.

I hope Yahoo is diligent about giving photographers the credit they deserve and respecting when a photographer changes the license on their Flickr account to only allow non-commercial uses. This won’t impact a person’s ability to own wall art of it prior to the license being changed; but Yahoo should stop selling it if the artist doesn’t want the company making money from it.

I hope Flickr Wall Art becomes an avenue for photographers to get exposure for their work in ways that will create new opportunities for them and that they won’t feel like Yahoo is taking advantage of them. If done properly, whoever at Yahoo who came up with this idea deserve a muffin basket for seeing this business opportunity.

Copyright and the internet is a murky area of law, and one that is still evolving. If you want more information about this topic, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Who to Ask for Permission to Use a Photo

What is a Real Image?  by puuikibeach from Flickr (Creative Commons License)

What is a Real Image? by puuikibeach from Flickr (Creative Commons License)

I had the pleasure of speaking at TechPhx over the weekend and fielding a lot of questions about how the law applies to blogging and podcasting, especially copyright, trademark, and privacy issues. The big take-home lesson surrounding copyright is usually “get permission” to use a photo on your site by using images from Creative Commons or asking the copyright holder for permission to use their work. (I’ve never had anyone tell me “no.”)

But what do you do if there’s an image you want to use and you can’t tell who the copyright holder is to ask permission?

I would start by evaluating the situation where I found the photo and contact the website administrator if it’s on a website or the profile owner if it’s on a social media site and say something like, “This picture is really beautiful. Who took the photo?” or “Where did you find this photo?” I probably wouldn’t ask, “Who is the copyright holder?” because a lot of people don’t understand copyright law and they think that owning a photo or having a copy of the file means they own the copyright, when they don’t.

I saw a situation where a publication asked a person if they could use some of the photos she posted on her social media site in an upcoming edition and she said “yes.” Unfortunately, that person wasn’t the copyright holder and she didn’t understand that she didn’t have the authority to give such permission. The publication thought they did everything right but because they didn’t verify they had permission from the copyright holder, they had a bit of a mess to fix once the photographer learned what had happened and informed the publication that they used his work without his permission.

Another tactic I might use if I wanted to find a copyright holder is run the photo through the Google Image search engine to see where else the image is available online. That might reveal the original source.

Here’s a video with more information about how to determine who is the copyright holder or whether is in the public domain.

Legal Side of Blogging Book CoverIf you can’t determine who the copyright holder is to ask permission to use their work, you may want to ask yourself how important it is to use that particular image and whether a similar image that is available under Creative Commons.

If you want more information about how copyright law applies to blogging and social media, please check out my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Avoid Copyright Infringement in your Social Media Posts

+ I collect old cameras + Land camera 1000 w/ polatronic 1 {b} by PhotKing from Flickr (Creative Commons License)

+ I collect old cameras + Land camera 1000 w/ polatronic 1 {b} by PhotKing from Flickr (Creative Commons License)

The other day I smiled when I saw a friend put a post on Facebook that included a Creative Commons attribution. He was the person who taught me how important it is, just from the perspective of respect, to get permission before posting another person’s work on your social media page. This was before I studied and fell in love with copyright.

Now, it warms my little lawyer heart to see someone respecting copyright.

And I finally have time to read Gary Vaynerchuk’s book Jab, Jab, Jab, Right Hook, which is filled with helpful information on how to market your business and excellent demonstrative case studies. One of his lessons is to use each platform to suit the needs to the users. So if a site is visually-focused, like Facebook or Pinterest, you want to create posts that have images that will provide users value and hopefully they’ll share them. His book has great examples of how companies are doing this effectively and what habits you shouldn’t emulate.

This is when the red flag went up for me.

If a company’s marketing department created a photo, there’s no problem with copyright. But if a company is using someone else’s photo (because companies don’t just have to talk about themselves online), they have to deal with the question of whether they have permission to use the image in question.

A lot of companies appear to be thoughtful about making sure they are using their own photos or finding images via Creative Commons for their website or blog. However, they don’t apply the same standards to their social media posts. If you’re doing this, and pulling images from other site without getting permission from the copyright owner, you could be setting your company up to be accused of copyright infringement and face a cease and desist letter, a DMCA takedown notice, a bill, or possibly a lawsuit.

Legal Side of Blogging Book CoverI’ve been inspired by people who use social media effectively and find amazing images to incorporate into their posts. I hope to create more content on social media that’s worth sharing. If you’re in my boat, please make sure to use images you own or use Creative Commons. When I use Creative Commons, I only pull images that come with a license that let me modify (aka crop them) and commercialize them. And even on social media, give your photographer the attribution. You may be legally obligated to do it, and it’s also a sign of respect for their work.

If you need an effective legal resource written in layman’s terms on this topic, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Cyberbullying Statistics & American Schools

OMG Ikr lol by SummerSkyePhotography from Flickr (Creative Commons License)

OMG Ikr lol by SummerSkyePhotography from Flickr (Creative Commons License)

Anyone who knows me knows that preventing cyberbullying is a topic I’m passionate about, especially since I experienced it myself. I wish I could make more people (of all ages) put down their phones and behave. I’ve already had to read the riot act to one 13 year-old this year because he created a thoughtless post on Instagram that could have gotten him in a lot more trouble than being confronted by a couple of angry friends and their parents.

Earlier this year I met football hall of fame member Nick Lowery and learned about his efforts with this Champions Against Bullying program. My discussions with him inspired me to look up some of the more recent statistics about cyberbullying:

Over 25% of adolescents have been bullied repeatedly through their cell phones or the internet.

Mean, hurtful comments and spreading rumors are the most common type of cyberbullying.

Cyberbullying victims are more likely to have low self-esteem and to contemplate suicide.

Reasons cyberbullies said they engaged in cyberbullying
58% – They deserved it (This sounds very middle school)
58% – To get back at someone
28% – For fun or entertainment
21% – To embarrass them
14% – To be mean
11% – To show off to friends

Bullying appears to be worst in middle school. 44% of middle schools report bullying problems compared to 20% of high schools and elementary schools.

Schools that have anti-bullying programs reduce bullying 50%.

It’s because of these statistics that this is my general message for young people about cyberbullying:

Think before you post. What you think is funny or justified in the moment may be a post or text you regret later. But once you create a post or send a text, you don’t have control over it. You can never completely delete it from the internet or servers. You never know if a post is going to go viral or when a post will follow you around for a long time.

If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also check out my post on what parents can do to address and prevent cyberbullying.

Please visit my homepage for more information about Carter Law Firm.

What Should You Do If Someone Steals Your Work

Attention - Man Stealing White Stripe by Julian Mason from Flickr (Creative Commons License)

Attention – Man Stealing White Stripe by Julian Mason from Flickr (Creative Commons License)

Copyright infringement appears to be rampant on the internet. Some people don’t understand that they can’t use anything they find online. They don’t understand that the law lets the copyright holder dictate where their work is displayed and distributed. Some people get defensive when they get caught and say you should be happy that you’re giving them exposure.  Others know it’s illegal and take the gamble that you won’t notice or that you won’t object if you see what they’ve done.

Make Sure It’s Your Work They Copied
People don’t always own what they think they own. Check your contracts to verify that you are the copyright owner and not just the creator of a work. Remember – employees don’t own the copyright in anything they create within the scope of their job but independent contractors retain the copyright in anything they create unless there’s a written copyright assignment or work made for hire contract. Additionally, two artists can independently come up with similar ideas for original works and it may not be problematic so long as they’re only claiming rights in what they created.

How Do You Want This To End?
This is the question I ask all my clients who are in a suspected intellectual property infringement situation. Their goal determines my course of action. Ideally you should determine how you want to react to infringement before it occurs so you can lay the foundation in advance for your desired outcome.

If you just want the infringer to take down your work, you can respond with one of the following:

If you want the alleged infringer to pay you for using your work you can send a bill or sue them for infringement. If you want to pursue one of these options, you definitely want to use a lawyer to contact the alleged infringer on your behalf or through the court.

If you’re OK with the person using your work, you should send them a notice that gives them permission and requests they ask permission before using your work in the future. You always want to respond when you suspect someone is using your work without consent. Otherwise you could create the impression that you’ve attached a blanket license for anyone to use your work which could hurt your chances of going after other suspected infringers in the future.

Please note – you can send a notice without being a jerk about it. Jack Daniel’s sent what’s been referred to as the nicest cease and desist letter when an author copied Jack Daniel’s label on his book cover.  You could write or ask your attorney to do something similar

If you need a legal resource about how to avoid problems related to copyright and trademark infringement online, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to intellectual property and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

The Undeniable Tour Preview Talk at ASU Law

Legal Rebel Photoshoot 2012 by Don McPhee

Legal Rebel Photoshoot 2012 by Don McPhee

I’m so excited that I get to speak at the Sandra Day O’Connor College of Law on Thursday, October 23rd and present the talk I’ll be taking on the road during The Undeniable Tour.

I’ll be sharing my story about how I went from a middle-of-the-pack nothing special law student to being a lawyer with a successful solo practice, three best-selling books, and the first person ever selected from Arizona to be an ABA Legal Rebel.

What I did wasn’t rocket science, but it did require tenacity, a strong desire to learn and make connections with people, and having a life outside of law school. That’s where I found my passions for flash mobs and social media and developed those into niches that are now the hallmarks of my practice. Along with sharing my story, I’m going to be talking about how to use social media and blogging as networking tools that can be leveraged to make connections and open doors for opportunities that someone wouldn’t have otherwise.  I sincerely hope the audience walks away from my talk inspired to try some of my suggestions and to be motivated to seek out their own professional passions.

It’s always exciting to visit my alma mater. My talk is at lunchtime in Room 114, but I’ll be in the law school starting around 11am and I’ll probably stick around until 3ish to chat with students in the rotunda.

Thank you to the Career Services Office at ASU Law for inviting me to do this. It’s going to be a lot of fun.

What to do if You’re Accused of Copyright Infringement

Watch it or lose it - thieves at work by Tristan Schmurr from Flickr (Creative Commons License)

Watch it or lose it – thieves at work by Tristan Schmurr from Flickr (Creative Commons License)

The owner of a copyright has the exclusive right to control where their work is copied, displayed, and distributed. If they think that someone is using their work without permission, there’s a good chance they’re going to react. They may be passive aggressive and write a blog post about you. They might b direct and send you an email or call you. If they sell their work for a living, they may just send you a bill. They may also hire a lawyer to send a cease and desist letter, a DMCA takedown notice to your webhost, or they may just sue you.

If you are accused of violating someone’s copyright, the first thing you want to do is examine the situation. What are they claiming is on your site or your materials that belongs to them? Some people will tell you that you can use anything you find on the internet as long as you provide and attribution and a link to the original – and that’s just not true. What you may have done is commit infringement and admit it. So look at the image or text in question and try to determine where it came from. If you created it from scratch, there’s a good chance it’s not infringement. If you got it from someone else, you may have a problem.

In most cases, it’s a good idea to schedule an appointment with your copyright lawyer if you’re accused of committing infringement, especially if the other side contacted you through their lawyer. He/she can examine the situation, explain your options, and help you choose the right course of action for your situation. In most cases, the person who claims you stole their work doesn’t want to sue you. They likely want you to stop using their material, and possibly pay a licensing fee for the time you used it. In many cases you want to respond either as yourself or through your lawyer with what you did or could do to resolve the situation.

There are times where you might want to risk not responding. Some people do this is they think nothing will happen if they ignore the notice from the person claiming you stole their work. Sometimes this is effective. Sometimes it leads the person to escalate and sue you or report your company to a regulatory body that oversees your company. It’s not a decision to make lightly.

So what are the best and worse-case scenarios in these situations? In the best-case scenario, the person making the claim against you is wrong because you haven’t violated their copyright sending a response to that end or ignoring them will resolve the situation. In the worst-case scenario, you’ll be sued (and lose!) for willfully stealing someone’s copyright and sued for $150,000 per image or article you stole, plus the copyright holder’s attorney’s fees.

Legal Side of Blogging Book CoverBecause the penalties can be so high, you want to be careful when you use other people’s content on your website or marketing materials. You need to be sure that you own or have permission to use content created by third parties.

If you need a legal resource on this topic or anything related to the laws that apply to social media, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Telling the Truth when you get Free Stuff

Our Books Arrive by Jarkko Laine from Flickr (Creative Commons License)

Our Books Arrive by Jarkko Laine from Flickr (Creative Commons License)

One of the perks of being a blogger is sometimes you get free stuff. Companies will send you free things with the hopes that you’ll write about it. One of my writing gigs is product reviews for lawyers so I have to use various office gadgets and software and write about it.

If you are lucky enough to get free stuff in the mail or you review products as part of your job, there are some rules you need to know. By federal law, you have to do two things if you do product reviews:

Your review of the product must contain your true opinion about it that is not misleading.

You must disclose when you are compensated for giving your opinion.

This means that you have to be honest about what you think about a product and not feel compelled to say nice things just because you got it for free or paid for the review. And you have to tell the audience that you got a benefit for the review – perhaps so they can be aware of the potential bias. The disclosure doesn’t have to be a big deal – just a “XYZ sent me this product for free and here’s what I think about it.”

If you don’t follow this rule, you could be fined up to $11,000 by the Federal Trade Commission. They can go after the reviewer or the company who sent the product. I suspect they’ll go after who has money to pay the fine.

Legal Side of Blogging Book CoverA company that sends out free products to bloggers or reviewers should include a reminder to their reviewers that they need to comply with this rule. This rule also applies if you’re writing comments on other blogs or websites or writing original content for your own site.

This rule also applies to review sites like Yelp and Trip Advisor. If you’re a Yelper, your must only post accurate reviews and you can only review products and services you’ve used. A company can’t legally tell its employees to post exaggerating positive reviews about the company or fake negative reviews about their competition.

If you need a legal resource on this topic or anything related to the laws that apply to social media, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Who Really Owns Your Content?

ZombieGrafitti by RhodanV5500 from Flickr (Creative Commons License)

ZombieGrafitti by RhodanV5500 from Flickr (Creative Commons License)

If you outsource any of your content creation (blog, photos, videos, etc.) you need to read this.

A lot of business professionals have the misconception that if they pay for something, they automatically own it. If your marketing department or employees create your content, that’s true. The company will own the copyright in (and actually be the author of) everything your employees create within the scope of their employment.

That is not always the case when you use third party contractors to create content for your company. If you don’t have a contract with your independent contractor, the law says the contractor owns the copyright in whatever you’ve hired them to create. You only get an implied license to use the content. The contractor can stop you from using the content in a different way than the original project.

If you find yourself in that situation where you thought you owned the contract but you only had a license and you wanted to become the copyright owner, you would need to have the contractor sign a copyright assignment to give it to you. This is a contract that must be in writing. And since the contractor owns the copyright, it’s his/her prerogative to charge whatever they want to assign it to you. So that means they can basically make you pay for the same work twice.

So how do you avoid being in this situation? When you work with independent contractor, you need a solid contract for each project that explains what you’re hiring them to create and who will own the final product. Many contractors I’ve worked for have requested contracts that state that the hiring company only owns their work product when the company has paid its bill in full. If the company doesn’t pay its bill, the company doesn’t own the content and the contractor has legal recourse to prevent the company from using their work.

Legal Side of Blogging Book CoverIf you work with independent contractors on a regular basis, consider having a lawyer create a contract template for you to ensure that the document is complete and that all your interests are protected.

If you need a legal resource for laymen on this topic, I recommend my book, The Legal Side of Blogging: How Not to get Sued, Fired, Arrested, or Killed. It covers a lot of the major issues that apply to copyright and the internet. If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me.

Please visit my homepage for more information about Carter Law Firm.

Drones, Privacy, & Arizona Law

Drone vs Cow by Mauricio Lima from Flickr (Creative Commons License)

Drone vs Cow by Mauricio Lima from Flickr (Creative Commons License)

As drones become more popular, there seems to be more concerns about how they will impact privacy. Recently there was a news story where a woman was upset when she discovered that someone used a drone to shoot footage of her neighborhood.

I understand her concerns. No one likes to be spied on. However, if someone shoots an innocuous video of their neighborhood using a drone and posts it on YouTube, how is this different than the Street View on Google Maps? If you happen to be outside and in the area when the Google camera car drives by, your picture is going on the internet.

Arizona does not currently have any specific laws about drones, but there are FAA guidelines. It’s generally permissible to use them for mapping, artistic purposes, or if flying drones is your hobby. There are laws in Arizona, however, aimed at protecting people’s privacy.

In general, a person has no expectation of privacy when they are in public. So if you’re caught on camera by a drone while you’re out and about, there may be little you can do about it. You do have a greater expectation of privacy in your backyard and within your home – if you can’t be easily seen through the windows or from your neighbor’s second floor. Even if you can be seen, you still have some rights and options for recourse depending on the situation.

Criminal Voyeurism: It’s a felony in Arizona to invade someone’s privacy without their knowledge for sexual situation or to share photos or videos taken while invading their privacy.  This applies to up-skirt cameras, bathroom cameras, and likely using a drone to spy on someone for your own sexual gratification. (Ariz. Rev. Stat. § 13-1424)

Revenge Porn: Arizona passed a law against “revenge porn” this summer. It’s now a felony to share or offer to share a photo or video of a person when they’re in a state of nudity or sexual act if the person offering the photo or video knew or should have known that the person in the photo or video had not consented to the person sharing them. (Ariz. Rev. Stat. § 13-1425)

Lawsuit for Personal Injury: If a person learns that photos or videos of them were taken by a drone and possibly shared, the person may have grounds for some type of tort lawsuit such as commercializing a person’s image without authorization, infliction of emotional distress, or public disclosure of private information. These cases would, of course, depend on the facts of the situation and need to be evaluated by a personal injury attorney.  Additionally, if a drone operator injures a person or their property with their drone, the operator could be held criminally and civilly liable for the damages.

This is an emerging and developing area of law. Lawmakers are still determining what the rules regarding drones should be. Ultimately the laws regarding drones could vary from state to state so it’s important to be educated on the laws that apply to you if you have a drone.

If you want to chat more about this topic, feel free to connect with me on TwitterFacebookYouTubeLinkedIn, or you can email me. You can also subscribe to the Carter Law Firm monthly newsletter.
Please visit my homepage for more information about Carter Law Firm.