Popping My Copyright Infringement Cherry Kevin Raymond

Today I had my first experience with copyright infringement and the early ramifications of such, smacked in my face by the typed linguistics of a law professional. Plus, a little lesson in what the difference is between copyright and trademark.

Quiet down class…Let’s begin.

Earlier today I posted a photo depicting the cover of the new 2013 Sports Illustrated Swimsuit Issue that I copied from another website. Clearly, the magazine had been distributed to someone, but apparently not authorized, so I was greeted with a very clear email this afternoon from a lawyer representing Time Inc.

Here is text of the email I received:

Dear Sir,

I am an attorney for Time Inc. It has come to our attention that an image purporting to be the cover of the 2013 Sports Illustrated Swimsuit image has been posted on this blog:

kevinraymond.net

This material is copyright owned by Time Inc. and has not been authorized for distribution. This is copyright infringement and we may seek damages up to $150,000 for a willful infringement under the U.S. Copyright Act. It must be removed IMMEDIATELY.

You can contact me at the email or address below.

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is clear that Time does not want their spot blown up by underlings of the internet world. Why? I’m sure they have a big reveal on something like the Today Show where a large poster board, covered by a sheet will be revealed by Al Roker for all to see. Yeahhhh!!

So apparently, by posting the photo on my Juggernaut of a blog, I will be costing them millions of dollars in the process. Hence crushing Time Inc…my plan has worked perfectly.

My response email was so I could understand what the issue is. I know what copyright infringement is, but I don’t really KNOW what copyright infringement is. I, like any other no name blogger looks for things that will drive traffic. Clearly, Kate Upton drives traffic.

My response:

I just want to understand the copyright issue. I have posted someone else’s photo of the magazine, not something directly from the magazine and I found that photo on another website. I didn’t take it off any of Time’s Websites. How am I infringing on copyright? I didn’t steal the photo from Time and post it. I copied and saved a photo of a photo from another site and clearly linked back to that site. If it hasn’t been authorized for distribution, then it shouldn’t have been distributed to the person who took the photo of the magazine. I only shared the photo that I found, not the magazine or any of Time Inc’s actual photographs. I shared a picture of a picture.

Is it copyright infringement if I take a photo of a football player in a jersey and then post it on my blog? Or would Reebok have the right to say that I infringed on their copyright?

I just want to understand

Thanks so much

Kevin

And their response to me:

Yes, you have engaged in copyright infringement by posting an unauthorized copy of Time Inc. owned materials. The person you copied this photo from (who originally took the photo) also infringed our copyright.

You are confusing copyright with trademark and other rights.

Either way, I don’t have $150,000 dollars to care about a stupid Kate Upton photo. So I deleted the post. I didn’t realize how fast something like this is hashed out. The post was only up for a few hours at best and it’s not like my site is getting major hits (I go for quality, not quantity). They scrub out the riff raff quick. I can’t imagine what some of these other sites go through on a daily basis.

Anyway, I am no longer a copyright infringement virgin. I am a full fledged copyright offender.

I feel dirty.

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Kevin D. Raymond

This is my personal blog that I write along with being a co-owner of K & E Sheet Metal LLC with my father for 14 years, running the business, fabricating and installing custom sheet metal for our many satisfied customers. I also run the website, blog and twitter feed for the business. A lover of sports, music and movies currently living a gluten and lactose free lifestyle. Connect with Kevin on Google+