Question on Fair Use Doctrine/Use of others pictures

[whereishelpicon]

I was recently contacted to remove a YTMND (www.ytmnd.com) I made using a small portion of a game's website graphic and a picture of one of the staff for the game. I removed them at first to be safe while I looked up the laws on this and to see if they could even have a case against me if I decided put it back up.

Now the thing is I have given credit where credit is due in the information of the work and because it is being used in a satirical manner (for no profit what so ever) I believe that it falls under the Fair Use Doctrine.

A few more points to include is that the company this image is from is based in Berlin Germany. Also the website where the work is hosted does not give out the users IP or info so they have no real way to find out who to even start sueing.

Finally, is it illegal to use someones picture in a satirical piece of work without their permission? I have doubts about it because a friend of mine was contacted to remove a piece of work on YTMND that had a persons picture on it but he never did and hasn't gotten any further notices and its been over half a year since it was created.

Thanks for any help you can give.

 

[MediaLaw]

You don't give a full description of the post except to say it was satirical. Under scn 107 of the Copyright Law, criticism and comment (satire in this case) may be a fair use depending on certain circumstances. An excellent, readable treatise may be found at http://www.publaw.com/parody.html.

As to use of a person's picture, you may have other problems based upon state laws. This may either be a right of publicity statute (as in California or Indiana) or a privacy statute (as in New York). Courts have generally given wide latitude to satire and parody especially where the allegedly infringing use is non-commercial.

Your post may have been removed because under Copyright Law (scn 512) ISPs can avoid liability for infringing a copyright if they follow a certain procedure. While they maintain an attorney on staff, they may not want to be in the business of defending legitimate satire. Too bad, because their web statement seems to suggest otherwise: "YTMND is a site created for the purpose of furthering the creativity of its users. It stems from an idea that, using sound, and image, and some text, the users can convey a point, funny, political, or otherwise, to the general media." Seems to allow for satire, even if a copyright owner or person doesn't like it. Nevertheless, the game staffer may be able to assert that your use of his picture, while possibly defensible under copyright may still be a violation of his personal rights.

 

[whereishelpicon]

Thank you for your response.

I'm still wondering how a lawsuit between Germany and the US is even possible. I live in Missouri in the US and this company and person are in Berlin Germany.

 

[MediaLaw]

If the German company has enough money and the intention to pursue you they can sue you there or in Missouri.

 

[whereishelpicon]

Heh I guess I'm just kinda wanting to confirm my beliefs because I don't believe that they would put the time or the effort into bothering someone halfway around the world for something that could only bring more people to buy the game in the first place. Mainly because more people have seen my YTMND than subscribe to the game currently.

I guess I will wait until I see if I get a formal request to remove the content to see if they are even serious about trying to pursue anything against me.