Or, Blogger beware! There were two big stories about bloggers and blogs today. Here’s the first.
Blogger Sued Over Topless Aniston
This reminded me that, even though we can “do what we like and say what we like” on our blogs… there are certain boundaries. Step beyond them and someone could be after your livelihood big time. Sometimes just because they can. And before you know it, you have a “donate here” button on your blog to help pay for the court case.
Mr Lavandeira’s lawyer says his client has “done nothing wrong” while the legal action claims Mr Lavandeira “posted all or parts of the stolen footage” from the film “The Break-Up”. My English translation is (which, since I’m no liar lawyer may be flawed) that he probably infringed copyright. The studio wants an injunction and a jury trial (bit over the top, that one) but clearly they are trying to make a point make an example of this blogger.
Moreover, his lawyer claims that:
“The use of a portion of a single photograph that was previously published on numerous websites, for the purpose of commentary and satire, constitutes fair use.”
Hmm, does it, though? What if the “numerous websites” had also infringed copyright? And, if it is fair use, then why did Mr Lavandeira remove it when he discovered it was stolen. I thought there needed to be a statement that it is permissible to use under a policy of “fair use”.
Bet he had 100’s 1,000’s of hits – though how much they’ll help in his potential court case is anyone’s guess. But maybe it’ll get him some supporters. And it looks as if he is no stranger to controversy – he does run a celebrity blog after all.
There is an interesting (but not new) cautionary tale here. Is it – Publish at your peril?
Personally I think that, as much as we’d like to, bloggers can’t just publish anything on their site. Correction, we can, but there may be consequences, for example if a famous celebrity (one who is richer than you of course) takes offence to being viewed topless on someone’s blog and sues you for all you’ve got. Or someone can prove you’ve defamed them. Is it worth it? Some may say yes.
But as Bloggers we must be aware of our rights – AND our liabilities.
The Electronic Frontier Foundation is a great resource… should be on every bloggers site.
Everything you need to know about your rights as a Blogger, and more.
{ 3 comments… read them below or add one }
all publicity is good publicity, apparently. see naked celeb pics, well celebrities are there to sell their bodies, and skills, acting etc..
but its not the celebrity thats complaining its the people who produced the film, trying to keep as much control over every image sound bite they make.
these kind of cases only show that the film producers the big studios, are insecure bullies in my opinion. what does it matter 1 site does this image, so you will have a multi million dollar law practice, focused on one small individual.
talk about freedom of speech,
I reckong a trial by jury would be to his advantage. My gut feeling is that the general public would sympathise with him. The public loves gossip about celebs.
Yes, Mosh, but the question is do they also like topless celebs…surely not! LOL. Actually, I think he would relish the publicity. He certainly is no stranger to controversy. I was reading today that hits to his site were into the millions. I don’t think it would have drawn that much attention (or a law suit) if it wasn’t topless photos of Aniston…. and that he had to use stolen (allegedly) photos which he then removes tells me he knew it might have this very effect. But Aniston sued someone else a little while ago who took photos of her (topless again) and they settled. So, maybe he has the readies anyway.
mercurior – I think they are trying to make a point by suing him, since he didn’t learn from the photographer-takes-topless-photo-and-settles incident