Can I repost an AP picture on my blog?
September 12, 2011 6:22 AM Subscribe
Can I post an AP picture on my blog, provided I am not gaining in any commercial way?
I saw a picture today in a newspaper, and was able to track it down. I'm deliberately not including the picture, because I don't want this to become about the picture itself, I only want it to be about posting the picture.
My blog is a new blog I started, with no advertisements, no referral links to Amazon or anything like that. I just wanted to post the picture because it reached out to me (and pictures don't normally do).
I don't want to do anything against the law, because it's quite obvious the site is about me (it has my name).
The AP terms and conditions are here.
Part 5 says I can't use it in a commercial way, and I assumed that since I am not gaining in any commercial way, I may be allowed to repost it. FWIW I would put all the relevant AP info on it if I were to post it.
Can I do this while complying with the law?
I saw a picture today in a newspaper, and was able to track it down. I'm deliberately not including the picture, because I don't want this to become about the picture itself, I only want it to be about posting the picture.
My blog is a new blog I started, with no advertisements, no referral links to Amazon or anything like that. I just wanted to post the picture because it reached out to me (and pictures don't normally do).
I don't want to do anything against the law, because it's quite obvious the site is about me (it has my name).
The AP terms and conditions are here.
Part 5 says I can't use it in a commercial way, and I assumed that since I am not gaining in any commercial way, I may be allowed to repost it. FWIW I would put all the relevant AP info on it if I were to post it.
Can I do this while complying with the law?
IANAL, but I was involved with photo rights usage in a previous career.
If you're using the image for commentary and criticism (i.e. you're writing a review of the image or reviewing the merits of its publication) then you may have limited usage under fair use.
Personally, I would either take a picture of the newspaper or get a screenshot of it being used online. That would bolster your commentary by showing the image in context - the context in which you were "moved" by the image. If the image was on the front page of a newspaper, you can likely find it here being used in context.
I'm assuming this is for a blog post where you'll actually write something about the image or its publication. That's the key, you actually need to comment or criticize the image or publication.
If you just want to publish the image as "wallpaper" or OMGITSGR8! on your blog, then call the AP and request a quote for a proper usage fee.
posted by foggy out there now at 6:48 AM on September 12, 2011
If you're using the image for commentary and criticism (i.e. you're writing a review of the image or reviewing the merits of its publication) then you may have limited usage under fair use.
Personally, I would either take a picture of the newspaper or get a screenshot of it being used online. That would bolster your commentary by showing the image in context - the context in which you were "moved" by the image. If the image was on the front page of a newspaper, you can likely find it here being used in context.
I'm assuming this is for a blog post where you'll actually write something about the image or its publication. That's the key, you actually need to comment or criticize the image or publication.
If you just want to publish the image as "wallpaper" or OMGITSGR8! on your blog, then call the AP and request a quote for a proper usage fee.
posted by foggy out there now at 6:48 AM on September 12, 2011
Read up on Fair Use. The fact that you may have a perfectly valid fair use claim on using the photo doesn't mean that AP won't still hassle use. They can probably afford to be unreasonable jerks for far longer than you an afford to fight them about it.
posted by COD at 6:50 AM on September 12, 2011
posted by COD at 6:50 AM on September 12, 2011
No. AP isn't more unreasonable than any other photo agency/news outlet with a payroll to meet. IF you MUST have it, contact the photographer and ask permission.
posted by Ideefixe at 7:03 AM on September 12, 2011
posted by Ideefixe at 7:03 AM on September 12, 2011
This is (hopefully relevant) anecdata, but I have to say that those terms and conditions were stern enough to put me off including an AP archive photo in a powerpoint for an academic presentation, and you can't get less commercial than that. (No AdSense down the side of the screen...)
posted by lapsangsouchong at 9:23 AM on September 12, 2011
posted by lapsangsouchong at 9:23 AM on September 12, 2011
Just hotlink directly to the image on ap's servers (or a newspaper that posted it). You're not hosting it, in that case, and there's nothing they can sue you for. You're never touching the bits in that case. The downside is that you have no control over when and whether they pull it down.
posted by empath at 1:39 PM on September 12, 2011
posted by empath at 1:39 PM on September 12, 2011
In the words of my copyright-lawyer-friend, "Fair use is a defense, not an excuse." In short, you may get off without a fine or whatnot, but you may have to pay for your defense in direct and incidental costs if they challenge your claim.
You can direct people to the picture, and perhaps post a tantalizing sliver of the image.
posted by Sunburnt at 3:06 PM on September 12, 2011
You can direct people to the picture, and perhaps post a tantalizing sliver of the image.
posted by Sunburnt at 3:06 PM on September 12, 2011
This thread is closed to new comments.
You not having a commercial use for it doesn't get you around their copyright claim.
posted by inturnaround at 6:27 AM on September 12, 2011