Forum Moderators: Robert Charlton & goodroi
The images are from free-to-air TV. Going through frame-by-frame spending endless time manually editing them. The copyright is probably with the broadcaster/ programme maker but I'd imagine seeing that all they do is promote their programmes then there's no issue AFAIK. Its work promoting the programmes and the people in them. I don't mind sharing as long as theres credit. Sites hotlinking and stealing without credit AND getting ranked way above is just not right.
Question: Can I take a character from a movie, like Chewbacca from Star Wars, and use it in a play with a very different plot and otherwise different characters?- * - read the full derivatives FAQ article at [chillingeffects.org...]
Answer: Probably not. The people who hold copyright in Star Wars own the characters as well as the plot, the filmed images, etc. Placing a distinctive fictional character in a different context or medium is still copying that character, and therefore infringement. However, if you use the character for the purposes of parody or criticism you might be making a legitimate fair use of the character. Note that in one case involving Walt Disney, Inc. and a comic book publisher, the comic book publisher argued that his use of the images of Mickey Mouse, Minnie Mouse and Donald Duck was satirical, and therefore fair use. The Ninth Circuit rejected the fair use argument, reasoning that the comic book took more of the images than was necessary to suggest the characters in the minds of the readers and therefore exceed the bounds of fair use. See Walt Disney Productions v. Air Pirates, 581 F. 2d 751 (9th Cir. 1978).
..would you say a search engine is creating derivatives from the work of others?
The fact that you haven't been caught may be the same reason you are losing your position - you've made it hard for search engines to tell what's on your site. Fixing that could expire your anonymity that kept you off the rights holders' radar.
Question: Can I take a character from a movie, like Chewbacca from Star Wars, and use it in a play with a very different plot and otherwise different characters?
That's completely incorrect. The channels/programme makers names are often very prominently in the text. The things are easy to find and nothing is hidden - always been open - never hid anything. The radar sees a friend not a foe.Well why didn't you share that before? When asked directly about the text content, you said:
There isn't much text content - mainly just a one-liner that describes the pic. Surely that's all that is needed to search for because that's all it is.
..I don't see the point in filling the pic page up with some pointless article just to boost the image. IMO people are not remotely interested in the text of these pages when they search for an image.What is anyone to guess from that?
The image ranking algo has put their stolen copy above my original.
There has to be SOMETHING... since the image is "identical" (implied they stole your pic) there's something in the presentation, display, site framework, etc, that makes them appear more attractive.
There has to be SOMETHING... since the image is "identical" (implied they stole your pic) there's something in the presentation, display, site framework, etc, that makes them appear more attractive.