Legal Question about humor images

[fris]

What is the legality (is that even a word) on posting funny images to a site?

Images like large cup of stfu, etc.

[Harmon]

Yes, legality is a word.

[gleem]

just like the scraped GF content sites, illegal from a copyright POV although you MIGHT be able to claim that it's an editorial/parody of the original if you modify it with humorous quotes Photochopped on it. And unlike scraped GF content you probably won't have to worry about underage nudes.

[fris]

thanks, any other thoughts?

[spazlabz]

Originally Posted by gleem

just like the scraped GF content sites, illegal from a copyright POV although you MIGHT be able to claim that it's an editorial/parody of the original if you modify it with humorous quotes Photochopped on it. And unlike scraped GF content you probably won't have to worry about underage nudes.

Although I am not a lawyer (I just play one on tv) I would have to agree with this. Parody is protected and on top of that it does not sound as though you are going to receive money for posting them. With the high number of memes using famous people I would have to say if it was not protected we'd hear all about some asshole celeb bitching about his image being used... Like Chris Hansen(sp)

[B.Barnato]

A very grey area I think. Most sites claim fair use/parody.

Creations that include obvious watermarks from shutterstock etc that are submitted to my sites I do not publish.

However a large percentage of images floating about originate on reddit from content supplied by users themselves and as such I see no reason not to use variations of these images as they leaked them on to the traffic super-highway themselves where spreading is expected (I do credit the source when possible).
When creating stuff myself I mostly use images from morguefile just to be safe and also encourage my users to do the same.

I have not heard of or experienced any legal action concerning funny images.

Sorry, no real info from me.

[Quentin]

Originally Posted by gleem

just like the scraped GF content sites, illegal from a copyright POV although you MIGHT be able to claim that it's an editorial/parody of the original if you modify it with humorous quotes Photochopped on it. And unlike scraped GF content you probably won't have to worry about underage nudes.

Depending on the manner and context in which the images are used, there are other fair use arguments that can be made beyond the fair use of parody.

The bottom line is that the OP's question is just not as simple as it might appear at first blush. The answer will vary, greatly, on a case by case basis.

[V_RocKs]

Create fake user accounts, use proxies to upload. Problem solved.

[mce]

legality is a word and if you post it with original commentary, you MIGHT fall into the FAIR USE exception of copyright law...

[Relentless]

Keep in mind, being 'right' isnt really your goal.


Being sued, defending and winning still costs more than not being sued.
If the reward isn't worth the risk, it doesn't matter if you would win or lose in court.

[Barry-xlovecam]

If the images are part of posts for no direct commercial gain -- they are not in criminal copyright infringement.

Whether the image's use is in "fair use" or in parody would be seen in the context used.

Facebook would be getting sued daily if this use constituted outright infringement ...

Disclaimer: Not Legal Advice -- offered for discussion purposes only.

[fris]

thanks guys, ya not for commercial gain, just posting an image on a site, and how can someone claim they made an image like this one