First, thanks for the well wishes for my son. They are appreciated. I will not be giving updates until things are done. Again, thanks.
The issue of Fair Use is a constant thorn in the side of copyright holders as more and more people try to use it for infringing so they do not have to follow the rules. It is sad but a judgment day is coming for most of them if the small claims court system becomes a reality. Fair use has very few ways to work and a lot that make something not fair use. Images are an area that is not considered fair use most of the time but many people on the internet going running there but they have another problem. Commercial vs. non-commercial sites. Here are my 5 things that would seem to define a site. They are not complete and the what ifs and maybe or could be people can go back under their rocks.
1. Is the website owned by a company or individual? There are companies who are non-profit and individuals who own commercial websites. That is why there are other parts to this.
2. Does the website generate income directly or indirectly? Any website using Adsense is a commercial site. Using the site for advertising revenue is commercial usage.
3. Is it a strictly educational or non-profit site?
4. Do they use any material on their site for internet advertising on their site or other places for income?
5. Do they provide a system that allows or promotes infringing of materials? Intent has no impact here.
There are other parts to each of these. We need a starting point as each case is different but there are general areas that point to being a commercial site.
Public Domain is usually not much an issue but here are some guidelines for it just so you can refresh your memory. The copyright expired, the owner failed to follow the rules on renewals, the owner deliberately places it in the public domain by dedication or the work is not copyrightable are pretty much it except for a big one, the owner died and it has been over the time limit.
In the cases and information I give here they are mostly concerning images and thus the last two items do not apply as they are copyrightable and I am not dead. Speaking of that, you need to put your copyrights into a will or transfer state so they family knows about them. Just make sure they are truly your copyrights or your family may be in for a very rude awakening.
The nude photography article will be on the magazine in its entirety but some of it will be here. It will not be explicit nude photography to any great degree. I will be critiquing some that are not very well done and hopefully if you are going to do that kind of work it will help you get started.
The other cases like I said are in process. There are 3 major international companies that are in the corporate lawyer stage. One international company is in the negotiation stage with no attorneys. There are at least six other companies including the real estate company that are in line and will get their time very shortly. It is quite time consuming dealing with these and now I am billing them for the time. They took the images and are requiring the extra work so they are getting billed for it. I am considering that for all the infringers as they are responsible for the time being spent. It is not part of the infringement unless it is added via the willfulness and DMCA copyright notice change. Then it is just added to the total figure due.
One site by a very well known consumer advocate has an image of my on their site and it came from a media portion of a digital company that is not accessible by the public. Nice way to hide the infringing is to get it from a company that locks down its copied images.
Disclaimer: I am not an attorney. These are my personal opinions and general information only. This is not legal advice and should not be used as such.