LawRefs Customized Legal Information
Attorney Renee C. Walsh

Copyright Protection of Photographs

Hi, my name is Alison and I wanted to know about whether certain material is copyrighted on blogs. I work for a crime prevention center (http://www.popcenter.org) and am a student/research assistant working under several professors. One of them asked me to find an image of a soccer referee giving out a red card for a “technique” to induce guilt/shame (which is a crime prevention technique). I wanted to see if I could obtain permission to use a picture of one image I have found on
“Ref Blog” at http://www.refblog.com/pivo…

There is no contact information and I am not sure whether this is public information/non-copyrighted, since it is a blog.

Can you help me out?
Generally speaking, the photograph is indeed copyrighted and if you re-publish and distribute the photograph, you will have infringed on the copyright holder’s ownership rights. In those cases, you are correct in seeking permission, legally referred to as a “license” to use the photograph. However, the exception to the law for “fair use” likely applies to your situation and this means if upon your reading you determine that one of the exceptions applies, you are entitled to reproduce and distribute the photograph.

Under 17 USC 107, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.

The contact information is:

Domain Name: refblog.com

Registrant:
Aaron Propes
967 Hyacinth Avenue East
St. Paul, MN 55106
Email: aaron@interactivetheatre.org

Administrative Contact:
RefBlog
Gracie Propes
1720 Marion Street #3
Roseville, MN 55113
US
Phone: 612-201-8068
Email: ref@refblog.com

For your future reference, I found this information simply by going to: http://www.networksolutions…

Discussion:

  1. Thank you for all your help Renee. And thanks for getting back in such a timely manner. I appreciate your help and you definitely clarified things for me. I will be sure to tell others about you!

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