Why do you publish photos or articles on the web if you don’t want people using or criticizing them? This is perhaps one of the standing issues that caters to the hyperlinking issue of blogs today.
We all know that blogs are more of critics at work. While some may provide good viewpoints, there are also bad ones. People may use photos or images from published sites but the fact is, a link back is a form of respect to which owner’s rights are still being observed. But for some people, this does not seem to be enough.
For purposes of not wanting people to “borrow” or “use” your stuff, then why publish them on the web? Keep them on your computer or your digital camera if you don’t want people using them!
He’s facing three lawsuits for copyright infringement, but that’s OK with notorious celebrity blogger Perez Hilton, who sees himself as something of an activist for bloggers’ rights.
“In a perfect world, you’d rather not be sued than be sued, but I think from his standpoint all these lawsuits essentially stem from the same exact issue,” his lawyer, Bryan Freedman, tells The Showbuzz. “It’s the rights of bloggers to the fair use of published photos that are on the Internet and the right to use them for satire and commentary. I think Perez is excited to be the one that makes the law in this area and is fully prepared to go all the way if he needs to in order to make that law.”
Perez, whose real name is Mario Lavandeira, takes celebrity photos, doodles on them, posts them on his popular blog, perezhilton.com and adds commentary.
“He uses them in a transformative way and then opens a dialog of commentary. Whether you like the commentary or not is a different story,” said Freedman.
“I totally disagree, obviously, that what he does constitutes fair use,” Brandy Navarre, VP of X17, which sued Lavandeira in November for more than $7.5 million, told The Showbuzz. “I don’t feel that what he does qualifies (as satire). These are not all newsworthy photos, (and) he’s not altering the photos enough to make a difference. Sometimes just writing a question mark isn’t satirizing significantly enough to make a difference. And the volume at which he uses the images is out of bounds.”
Universal City Studios Productions LLP filed a lawsuit against Lavandeira in February, claiming a stolen image of a topless Jennifer Aniston from the set of her movie “The Breakup” was posted on Lavandeira’s site.
In late April, five photo agencies joined together to sue Lavandeira for $7 million for using their photos and videos.
His lawyer argues that Lavandeira has merely used photos that were already published elsewhere on the Web.
“If it’s not already out on the Internet, it’s protected,” argues Freedman. “He’s not in the business of taking watermarks or anything like that. I can’t for the life for me understand how a photographer has been hurt when the photograph has already been published on the Internet.”
Navarre claims Lavandeira’s actions have hurt her company’s bottom line.
Source: Perez Hilton, Defender Of Bloggers Rights?
[tags]blog news, blogger news, disputes, copyrights, infringement, hyperlinks, links, violations[/tags]