Craft Gossip

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Fair Use: An Oft-Misunderstood Copyright Rule

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Copyright Umbrella

Editors Note: We would like to again welcome Matt Lowe who has kindly written this guest post about the Fair Use of text and pictures for bloggers writing about other artists creations (very relevant to CraftGossip!). A few weeks ago, he wrote about differences between trademark and copyright.

Matt is an in house counsel in Colorado and is the author of the An Etsy Seller’s Guide to Copyright Protection (for sale). Matt is a Graduate of Pepperdine University School of Law and lives in Salt Lake City, UT,  with his wife and 2 toddler boys (and a baby girl on the way).

If you have any questions for Matt, please leave them in the comments.

Let’s say that you operate a successful blog where you highlight the work of artists, craftspeople, and Etsy sellers.  One day, you stumble across an Etsy shop named Parisian Streets that sells astoundingly artsy photos of the Parisian cityscape at dusk.  You are captivated by these photos.  You carefully study each one.  And then you decide, “I’ve got to write about Parisian Streets on my blog!”

But then, in the footer of the Etsy shop, you see the following:

“© Parisian Streets 2011. Please do not copy, reproduce, or use any content without our written permission. Thank you.”

So, can you write about Parisian Streets on your blog?  Can you show the photos on your blog? Where does this leave you?

Technically speaking, the owner of a copyright (Parisian Streets, in this case) is the only person with the right to show, reproduce, copy, sell or use its work.

However, there is an oft-misunderstood copyright rule known as the “Fair Use Doctrine.”  This doctrine allows you (the blog writer) to write about Parisian Streets so long as you do so only in the capacity of comment, criticism, reporting, information, research, or teaching.

In other words, you are not allowed to (i) confuse consumers as to who owns the photos, (ii) copy or display the photos for your own commercial gain, or (iii) create any adverse effect on Parisian Streets.

The distinction between “Fair Use” and infringement is often cloudy.  There is rarely a bright-line test to ensure that you are within the realm of safety.  So, it’s always best to get permission from Parisian Streets before mentioning or posting any copyrighted material.

In my experience, if Parisian Streets is well aware that you intend to highlight their photos in an informational manner, you will get the consent.  If you don’t get permission, then be very sure that your post falls squarely within the “Fair Use” exception, or don’t publish the post at all.

 It’s a very tenuous dance.  Enjoy it.

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Comments

  1. I received a reply from a company regarding a complaint I made to them. Can I post their reply – in quotation – to help others who have the same problem?

  4. I’m still a bit confused…
    A lot of crafters do round-up lists of posts and projects, like “Top 10 Christmas Crafts.” Is it okay to use an image?

    What about CraftGossip- do editors here get permission from every crafter they highlight?

    Or if I do a blog post that is “teaching” (in that it educates my readers) how to do something, can I use someone else’s images if I give credit?

    I’ll check out the Design Sponge post mentioned above, too. Thanks!

Have you read?

Reflecting on the Past Year with Kids

I’m in deep denial about the fact that new year is almost upon us again! It’s been the fastest and the longest year at the same time, and I can look back and see some good things as well as some things I wish had gone differently.

Doing a year in review with your kids — whether in the classroom or at home — is a good way to capture some of their memories and the things they really liked about the year gone by.

There are a lot of different printable year in review worksheets you can use if you want to make this super easy. Here are links to a few (often part of larger posts about NYE celebrations with kids that are worth a read, too):

  • Teach Beside Me has lots of fun printables fro the end of the year, including a year in review that covers favorite memory, funniest memory and the best book they read, among other topics.
  • NurtureStore‘s version has space for a self-portrait and prompts like favorite toy, best day out this year and future dream job.
  • Remember favorites, their “best idea” of the year and have room for setting goals for next year with this one from The Keele Deal.
  • The year in review from Yes We Made This has room for drawing or writing and includes things like something they learned, a memory they made and a place they visited.

Of course you could pretty easily make your own year in review for the whole family to do that asks questions based on what you most want to remember. (Favorite video game? Best friend? Favorite family memory?)

And if after the year in review you’re ready to look ahead a bit, Mrs. Merry has new year’s resolution printables to inspired kids to look ahead and set goals for things they want to try. You can totally fill this one out as a grownup, too.

[Photo: Mrs. Merry]