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?

Hoo boy I feel like a kid who opened up his Hanukkah present two months early and -- instead of some slacks and a nice belt -- found a bottle of Malaccan gin and Bo Derek holding two glasses and wearing nothing but a smile and some windsurfing gear.

Wow that got a little weird, I better start again.

Blogger extraordinaire Random Pixels (who is a pretty darn good photographer too) was at the Gerald Posner book reading the other night and came across a furry, bespectacled curmudgeon wearing what looks like a umpire outfit stolen from a local South American soccer league.

It turned out to be human, and -- to my unceasing delight and amazement -- Glenn Garvin.

You can tell Bill is an excellent photographer because he actually manages to make his subject look sympathetic and personable, which evidently disproves that old adage about polishing very small objects.

Nice work!