D'oh!



Have you seen this letter sent to local blogger Random Pixels by GT attorney Ian Ballon on behalf of his client the Miami Herald?
I guess the Herald is upset over whether or not photos from their website are reproduced on blogs in thumbnail or "full-size"?
As if that determines whether or not the photos fall within the protections of the fair use doctrine?
Here is Ian's contention:
"Because fair use looks to the amount and substantiality of the portion taken (both in terms of quality and quantity), reproducing entire articles, large excerpts of articles or large-size photos is not permitted."This sweeping generalization -- with no context and zero case citation -- is almost certainly wrong.
This is one of those examples where, as a lawyer, you have to talk to your client. Is it in your best interests to go after some local blogger for posting a picture? Is that really what you want your resources and attention focused on? Even if you had a colorable argument, is it a fight that is in your best interests to pursue?
(Though I appreciate that Ian's letter is somewhat restrained and not as dickwaddy as it could have been, I still would have advised against it).
My advice here would be, for the most part, to ignore Ian's letter. If there are "copies of entire articles" on his blog (which I understand are simply historical in nature and not lifted from the Herald online archives), I would edit them slightly so you are in compliance with Ian's demand.
The balance of the letter is wishy-washy and doesn't really require any further action, so I wouldn't take any.
Ian, I just gotta know something -- did Glenn Garvin put you up to this?
This entry was posted on at 4:35 AM and is filed under Greenberg Traurig, Ian C. Ballon, Miami Herald, Random Pixels. You can follow any responses to this entry through the RSS 2.0. You can leave a response.
- No comments yet.
VIP Followers
Info recommended by:
Webpages of law
Popular entries
-
500 Coke employees lost their health insurance the day after they went on strike. The union has sued under ERISA , claiming the action wa...
-
(BY HUGO) Since the beginning of May, the flow of an emissary of Lake Champlain, the Richelieu River, is near or at record level, and a larg...
-
(BY HUGO) On 27 April, the Québec Ministry for Sustainable development, Environment and Parks presented a regulation project on pricing of ...
-
Hydraulic fracturing and shale gas leaks in Québec: New science shed light on the «cow farts» leaks(BY HUGO) Just a quick post to follow up on reports relating to shale gas leaks from wells in Québec. The Québec Ministry for Natural Resour...
-
Well kids it's the end of another work week (unless you are working all weekend or don't have a job at all), so I'm flying the c...
-
(BY HUGO) Les Cahiers de droit just published their issue 3 & 4, Vol. 51, a special issue on water law with many articles exploring int...
-
You know, I find it more than a little annoying that Scott Rothstein has stolen my 3d DCA "bunker" imagery. It's mine, dammit!...
-
Well kids I plan to scoot out of here shortly, to begin my long solemn weekend regimen of prayer , reflection , and expanding my abdomen , s...
-
Former CFO for R. Allen Stanford, Jim Davis, pleaded guilty to fraud yesterday . This is probably not good news for Proskauer's Tom Sjob...
-
Billy Shields has a nice piece on the never-ending saga involving BDO Seidman and the new trial that commenced this week against BDO Intern...