Images on public blog

'Is it legal', 'can I do this' type questions and discussions.
Post Reply
concentrik
New Member
New  Member
Posts: 2
Joined: Mon Jul 09, 2018 2:50 pm

Images on public blog

Post by concentrik » Mon Jul 09, 2018 2:59 pm

Can I ask for your assistance to iron out a little copyright wrinkle please? Just the legal position please, not any moral considerations!

* Student blog (UK institution)
* Public accessible
* No commercial element, it is for personal research

I want to use some images which are copyright, located on other websites, on my own blog. The page form will be - short introduction, image with full credit and Harvard reference, paragraph of criticism and analysis directly related to the image and/or the photographer..... repeated for successive images.

At first consideration this would seem to be 'fair dealing' (is is s.29?), however I have been advised elsewhere that the fact that I am publicly publishing it makes it a form of copying—and therefore contravenes copyright. Where do I stand?

User avatar
AndyJ
Oracle
Oracle
Posts: 1864
Joined: Fri Jan 29, 2010 12:43 am

Re: Images on public blog

Post by AndyJ » Mon Jul 09, 2018 6:50 pm

Hi concentrik,

What you want to do - criticism and review of copyright works - is permitted under the fair dealing exception contained in section 30 of the Copyright Designs and Patents Act 1988, and there is no prohibition of this being done in a forum or blog which is accessible by the public. Whoever advised you may have been thinking of section 29 (research and private study) which ceases to be fair dealing if the research containing the copied work is published commercially. This would not apply in your case unless there were adverts which appeared on the same page, which seems unlikely if this is an academic website.

Much the same exception for criticism and review is also available under American copyright law, although there it is called fair use.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

concentrik
New Member
New  Member
Posts: 2
Joined: Mon Jul 09, 2018 2:50 pm

Re: Images on public blog

Post by concentrik » Tue Jul 10, 2018 6:53 am

Thank you Andy J, yes I expect that's where the confusion has arisen. One last point will set me straight: I am using the whole image because unlike music or text the idea falls apart with just a portion. Would this cause difficulties, do you think? The resolution is very low, 72ppi and no more than 600 pixels on the long edge.

User avatar
AndyJ
Oracle
Oracle
Posts: 1864
Joined: Fri Jan 29, 2010 12:43 am

Re: Images on public blog

Post by AndyJ » Tue Jul 10, 2018 6:28 pm

Hi concentrik,

It is recognised that when it comes to criticism of artistic works, it will frequently be necessary to include the whole work in order that the reader can actually see the aspect of the image being commented on. Obviously if you are providing a critique of a photographer's style and a single image will illustrate this, then you should only include one image. However if you need to comment on a marked change in style or some other factor over time, it might be necessary to include an example from the two extremes. As you seem to appreciate, the emphasis is the word 'fair' and so as long as you examine each decision to include someone else's work without seeking permission, on what a reasonable person would deem to be fair, then you shouldn't go far wrong.

And yes, using a low resolution image is a good idea, as apart from any other consideration, it shows you have actively sought to lessen the (economic) impact on the author of the original work.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

Post Reply