My own opinion is that there can only be "fair use" with
something done for commercial gain. This is certainly the case
if you do book reviews, for example. The PUG is non commercial,
and consequently, the images belong to the owner. I invite you
to read our disclaimer: "The copyrights of the images on this
site are owned by the individual photographers. Use of them
without written permission is illegal." This (or something
similar) is on every gallery index page (or should be, someone
tell me if we have missed it on the older galleries). My
experiment at Lycos misdirection is successful, and the
thumbnails still come up on their page. Therefore they have
published images owned by another person without written
permission (mine for sure).
They are, in my opinion, guilty of breaking international
copyright law.
William Robb
----- Original Message -----
From: "Jackie Lee Mowery" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Friday, January 19, 2001 10:41 AM
Subject: Re: OT: Lycos Multimedia and image harvesting?
> No, I don't think the 'fair use' criterion would stand up.
Yes, it is
> permissible to excerpt a sentence or two, but you must
attribute it to the
> original source. The Lycos links go directly to the image
file, without the
> surrounding page, and without attribution to the original
creator and
> copyright holder. Thus, in my opinion, a violation of
copyright law and not
> acceptable under 'fair use' criteria. If they linked to the
page and not
> the image file (as I understand alltheweb does) it might be
allowable.
>
> Personally, I don't (or wouldn't) have a problem with the
thumbnail, as it
> is not very usable and is more identification than
illustration. Legally,
> without attribution it is a violation of copyright and opens
the way to
> claim the owner of the copyright has failed to defend his
claim and the
> property is in the public domain.
>
> Jackie Lee Mowery
> "I'm not a lawyer. I don't even play one on tv."
>
> John Francis wrote:
>
> > Personally I think the 'fair use' criterion will stand up in
court, too.
> > If it's OK to excerpt a sentence or two of a book or
article, I believe
> > that a thumbnail of an image will be adjudged permissible
under the law.
-
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