Comments on: How To Generate Blog Traffic Using Articles

By: Andrew

Andrew — Mon, 28 Sep 2009 00:48:59 +0000

Strictly speaking, but without seeing the exact terms and conditions of the specific site, I am pretty sure you would infringe their copyright by copying and republishing anything without their permission, regardless of your good intentions.
I am pretty sure too it is not covered by ‘fair use’ but realistically I woud guess there is little chance of the copyright holder discovering.
If you are really drawing people to their site then I suggest you contact the webmaster and confirm what you are planning is okay with them. Good luck.
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By: sexmagnet

sexmagnet — Mon, 28 Sep 2009 00:46:59 +0000

My husband does it, but he puts a disclaimer on his blog. He also gives credit. Check it out at darchtimes.com
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By: fact checker

fact checker — Mon, 28 Sep 2009 00:44:59 +0000

did you check the TERMS OF USE for the sites that is the determining factor
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By: Chris

Chris — Mon, 28 Sep 2009 00:42:59 +0000

My philosophy on this is simple: get permission.
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Opinion

By: C_Bar

C_Bar — Mon, 28 Sep 2009 00:40:59 +0000

1) This probably is not fair use, because you are using the whole of the photograph. (There are several factors, some are in your favor, such as: I presume you make no money from this, and you are not supplanting the market for the original, but on the other hand, you are taking the whole photograph.) Unless it is fair use, it is a copyright violation.

Remember that the online magazine may not be the copyright holder of the photo, and may only have a limited license to post the photo from the copyright holder, who is probably the photographer. It sounds like you are commenting on the articles, not the photos, which may make a difference (not in your favor).

2) I don’t see how you would be liable for any actual damages, since from what you’ve said there don;t seen to be any. However, there are statutory damages which you would technically be liable for whether or not the copyright holder is damaged.

3) In practical terms, I doubt you would get any legal response, and if you did, it would probably be a cease and desist letter rather than a lawsuit.

4) If you are worried, why not just write an e-mail asking for permission?
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By: madamspud

madamspud — Mon, 28 Sep 2009 00:38:59 +0000

I don’t think you can legally without their permission but if you decide to do it anyway then make sure you state where the photo is from and if possible the photographers name.
As long as you’re taking no credit for the article or photo & are giving the credit where it’s due you should be ok I think.
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By: C = JD

C = JD — Mon, 28 Sep 2009 00:36:59 +0000

I believe this would fall under the Fair Use Doctrine, especially if it is used for the basis of commentary and you are not profiting monetarily from the use.

"The practical effect of this law and the court decisions following it is that it is usually possible to quote from a copyrighted work in order to criticize or comment upon it, teach students about it, and possibly for other uses."

See "Fair Use Doctrine" at Wikipedia.com
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By: Sean P

Sean P — Mon, 28 Sep 2009 00:34:59 +0000

It’s kind of a gray area. Just make sure

A) You aren’t hotlinking the pictures, eating up their bandwidth

B) Give credit
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By: typewithnospaces

typewithnospaces — Mon, 28 Sep 2009 00:32:59 +0000

This is a question of copywrite – check to see if the photos are copywritten, additionally it might just be a good coutesy to ask permission before using the photos.
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By: Outlier

Outlier — Sun, 27 Sep 2009 19:30:34 +0000

Legal online content question: Can I use photos from online magazine articles on my blog?
I’m pointing to a few articles on my blog and commenting on them. At the same time, I’m using photos from the ‘destination’ articles to make my blog richer and better lead into the article links. Is this legally ok? I’m basically using the photo to help lead into the article that’s hosted at the magazine’s site, so if anything I’m generating traffic for that magazine (a good thing from their perspective, I think), but technically speaking, I’m using their photo without permission. Is my activity within the bounds of fair use, or am I out of line? I just want to make sure I’m not stepping on any toes. Also, if this is out of line with legal guidlines, can I realistically expect any legal action when I’m basically helping their traffic? I’m not slamming the articles or anything, and I’m not substituting or plagarising their work – really just adding a few comments to introduce the article.

Thanks in advance for any and all advice.