Use of Images on Film and Book Reviews
During PYPT today the subject of using images from movies or books on review posts came up. It was a relatively short but rather spirited conversation.
It sparked me to have a look around on the web to see where this stands. I know some would argue that writing reviews helps to promote a book or movie so the copyright holders wouldn’t really worry about it.
There are two problems with that argument.
- if the copyright holders really didn’t care, they would make them public domain or use with attribution. Copyright holders have rights to enforce.
- When we are writing here on Hive, we’re receiving income from upvotes. We need to have a professional attitude toward the images we use.
Finding images on Pinterest, Google or any other site that doesn't grant use rights, and using them doesn’t make them free to use.
Period, end of story.
If you get downvoted for using them, you have no one to blame but yourself.
I came across a discussion of the topic on a site which included an interesting suggestion. Find the copyright holder of the film or movie. Visit their website, send them a note explaining you are writing reviews and would appreciate a press package.
If they grant you one, there will likely be images in there they will allow to be used.
If they don’t, then you need to take an alternative approach.
@amirtheawesome1 took a good approach to this. He created an image that was eye catching and added generic wording to it.
This would allow him to use the same image when he does reviews.
The image becomes his brand image and the title will tell the reader what he’s reviewing in that post.
This is a good approach and keeps you out of trouble.
Getting downvoted by a larger account on Hive is frustrating enough. A copyright holder with big pockets tracking you down will cost a whole lot more.
Don’t think it can’t happen. Do what’s right. Respect copyright and you wont have to worry about if it will happen or not.
NOTE: Header image from Pixabay.com
I teach my students to find an existing url that has the image they want, then simply embed the url in their Hive post. And also include an Image Source link with the same url.
Under that scenario, the owner of the site hosting the image bears the liability for any copyright infringement.
The downside of this approach is that the link could go dark sometime in the future. However, if that happens you can update the post with a new link to a new image.
The problem with embedding an image from another site beyond it later being removed or worse someone decided to replace it with another image and the same file name... you know... a racy image.... is that if the original image was indeed copyright or a copyright violation... it just created another violation on the site where it's embedded.
Not according to U.S. copyright law. If someone publishes an image and they own the rights to that image and they display the copyright bug, I would be liable if I copy and paste the image. However, if I merely reference the image via the owner’s own url, no violation has occurred. See https://www.dmlp.org/legal-guide/linking-copyrighted-materials
Under this circumstance, although the infringement does gain wider reach if I link to the url containing the copyright violation, there would only be a problem (for me) if I knew (or should have known) that the referenced material represented an infringement.
For example, linking to a site that promotes downloading pirated images or songs could make me a contributor (in the eyes of the law) to that site’s illegal activity.
To start by addressing what my post talked about, no matter how much justifying you do, if the post is in a community where the moderator objects to this behaviour, it will be downvoted or even muted.
Now to address the taking of images through using embedding instead of just straight up stealing.
People who create websites select their assets like images to enhance and draw visitors into their content. Often those assets are also part of their income.
For example, a photographer displaying images of his shots on his site to sell prints and items the image is printed on. You come along and decide one of those images would be great on your article so you link to it and embed it into your article because, well, you think the law says it's okay.
Every time someone visits your article in order for that image to load it does a call from the site where it's being stored.
So, instead of the image being used to promote the photographers work, you're using it to promote your work and stealing the value of the image from the photographer.
To add insult to injury, you're putting more load on the hosting account he's paying for and if his hosting is based on bandwidth, you're increasing the used bandwidth and taking money from his pocket.
Being rude to others is legal too.. I'm trusting you don't teach your students that is okay.
Personally i use unsplash and pexels for using images in my article. But many times in case of movie image it's hard to find in those sites. So is it ok to use screenshot of that movie with a little edit?
From @papacrusher's response and others .. that would come under fair use. The unfortunate part is that if you put it in the wrong community on Hive and the moderation says it's not fair use, you could get downvoted. Take that into account before you decide what you're going to do.
I have found that the majority of Hive users are grossly unfamiliar with Fair Use doctrine of copyright law. There are clear cut exemptions from copyright law, especially as it pertains to criticism, commentary, and news reporting. The use of movie posters and imagery from movies is absolutely acceptable as long as that is not the main focus of an article and if it is properly sourced.
https://www.copyright.gov/fair-use/more-info.html
What is considered properly sourced? I'd not call a link to Google being properly sourced.
I agree 100% that a Google link is NOT properly sourced. The author needs to source it from the original site were the image was published.
Very well, sourcing images is basically what some struggle with for some time. Well, I think I got it on the first hand.
@shadowspub I'd like to ask: what if, for a movie/book review, I get the cover image or any image of a part of the book or movie and then edit it - added some texts,images etc. does that make it okay?
based on the information that @papacrusher supplied in an official link to what fair use is, you can use the cover legally. But, like I said to @intishar beware the community you publish to. If the moderation in the community says no, then it's no.
Alright, I get it now..thank you!!
Here you see, this was the perfect topic for you, I KNEW it ;-)
wow! so, you really did 71 posts in a row? I did miss it, but whats the plan, to go through the whole year?
@amirtheawesome1 .. the link in the post doesnt work ... ah, there is an e too much in it!
hehe you never know the seeds you plant eh.
I am not sure how long I'll go... who knows.. maybe it will be through the whole year.
Thanks for the catch on Amire's tag.
It should be noting that the process is easy. I didn't even use some fancy photo editing app, just memegenerator lol!
Can I get the link to the image @amirtheawesome1 created so I can look into it, and learn more.? Thanks @shadowspub
if you click through the @amirtheawesome1 account you'll see the image on some of his posts.
I'll do that then. Thanks.
My latest post actually
Yes, Shadow mentioned it. Found it. Thanks for sharing.