Fair use, DMCA, and silly image editing?
August 6, 2013 3:04 PM Subscribe
I have a photograph in my Flickr feed that has proved very popular on Tumblr and other young-person social networking sites. I have a personal connection to the picture and so, when I see it posted without credit, I have been enthusiastically submitting DMCA takedown notices to remove the image.
Yesterday I saw it as someone's Twitter avatar. They had cropped out most of the photo and added a stupid mustache to the picture. I submitted a DMCA notice; Twitter's response was to ask me if it didn't fall under fair use. I don't think it does.
posted by Nyx to law & government (30 answers total)
- The image is © All Rights Reserved
- I am Canadian, the Twitter user is American
- The original image is available as a print for purchase (not on Flickr)
- The Twitter user is just a person, not a business
Am I within my rights to ask Twitter to take this down because Twitter is hosting a derivative of my work that I have not consented to, or does the derivative fall under fair use? I have allowed the image to stand anywhere that credits the photographer and provides a link back to the original, but this is not an option here.