One of the bloggers who decided to attack me last week in the wake of the 'Shape of My Heart' saga chose to accuse me (among many other things) of fighting piracy, yet breaching copyright. He gave an example of James Clark using the MPAA banner on his Magic Piracy site saying "MagicPiracy.org is really that stupid they stole a MPAA banner" (somehow that was a point against me) and then stated on his blog:
"The other day he [Tim] copy/pasted from my blog to his own. He likes to say that
people use the excuse I didnt know. You all may notice that at the bottom of
my page is a notice This blog copyright (XXXX); 2009 .
All Rights Reserved. It was there the whole time and yet Tim felt that he
could take my words to his own site."
Two points: 1 - He doesn't understand copyright and the legal concept of fair use.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment;"
2 - Ironically, he had posted images taken from my site on his. He was happy to call James Clark "stupid" for doing so, and to berate me from taking from his blog, but he seemed to think the rules didn't apply to him.
So, like another magician did last week when this same blogger used one of his pictures without permission, I filed a DMCA removal request and isn't he upset now!
I've done the correct thing according to his earlier posts, I've acted correctly to stop someone using my copyrighted work without my permission, and now he's crying out as though he's been served the greatest injustice imaginable!
In the course of two hours he's made three posts about what an "a##hole" I am, how I threatened to "sue him" (no, I filed a DMCA complaint which simply requested he remove my copyright image, which he did), and claims I'm threatening his future as a blogger! As he said in his most recent post:
"If in any way Ellis threatening to sue for the use of a simple image of his
face, has in any way effected you, or your a blogger, I highly recommend
supporting EFF and Chilling Effects. At the very least click on the banner below. In a nutshell they
stand for everything Ive stated here repetitively since this blog was created.
Admiration to all that agree."
So he wants protection from people quoting from his copyrighted blog, but also wants to be able to use other people's copyrighted photos with impunity?
He wants to be able to criticise people for using another company's logo on their website, but is mortally offended should the same criticism be levelled against him?
Here's a tip. Personally, I don't mind if anyone reproduces my images on their website. But if your website features a personal vendetta against me and my friends, then I'd prefer to exercise my right to stop you using them.
In other words, if you don't play nice I'll take away your toys.