LinkedIn TOS question: can I share screencaps of job postings on Tumblr?

July 23, 2017 10:58 AM

Would I be violating the LinkedIn TOS if I made a tumblr where I'd post screencaps of variously awful job postings from the site, and mocked them? I could blur out names of companies and/or contact info, and I wouldn't link back to the postings.

After coming across job postings today on LinkedIn for 1) "Copy Edior" (sic), which had a few lines of CSS where the job requirements should have been (I can only assume the sole requirement for the job is that you have to be willing to exist as several lines of code); 2) "Copy of Kindergarten Teacher" from the Archdiocese of Chicago (loaves, fishes, and kindergarten teachers?); and then that most coveted of jobs: 3) "Copy of Default Template," I passed some screencaps around to some friends and we all had a good laugh. Eventually, I thought, "This would make a great Tumblr." Then I thought, "Yes, but could I end up in prison?" And that's why I've come to you guys.

How much trouble would I be in if I posted screencaps of some LinkedIn job postings on a Tumblr and made snarky remarks? I could easily blur out the name of the company that posted it (although sometimes that would take half the fun away). Would LinkedIn come after me?

(I'm putting this under "Law and Government," though I wish I could choose multiple categories.)

posted by tzikeh to Law & Government (1 answer total)

"Commentary and criticism" is one of the prongs of a Fair Use defense, but since Fair Use is an affirmative defense ("Yes I did it, but it's OK because [reasons]"), LI can drag you through court in order for you to be completely in the clear. You would at least want to have a template handy for a DMCA counter-notice in the event that they send a DMCA takedown to Tumblr.

Prison is only for criminal IP infringement, which is relatively rare and typically involves selling counterfeits.
posted by rhizome at 11:34 AM on July 23, 2017 [1 favorite]