good thing I don't reblog image memes, I guess

[ratcreature]

Getty Images, which apparently own the copyright to the penguin photograph that is used in the Socially Awkward Penguin Meme, threatened to sue a German blogger for reblogging a couple of meme images. The blogger decided to pay the fine of about 785€ they were offered, rather than risking a court decision on whether this infringed on Getty Images' copyright. German copyright does not have "fair use" like it exists in the US though there are other provisions (for citations and parody for example), so apparently it's not clear how it would have gone in court. However, the blogger didn't follow the gag order Getty Images wanted to be followed (I guess it's bad for the business model if people are forewarned what they might risk) and posted about it. I haven't found any English news articles but here's a link to a German one.

WTF, nearly 800€ for reblogging a penguin meme...

Eta: Some English language news now have picked this up, so you can read about the case here in English.

Comments

[calime]

...this is indeed WTF?, also, worrying. Is in an isolated incident of someone not really knowing how inernet works, or some companies again deciding they should go against the timde and common sense and make us peons dance their tune?
Has for example the Pirate Party or similar commented?

[ratcreature]

I don't think it is clear yet whether Getty Images does this regularly, because many may have complied with the gag order to make it go away. I think they know full well how the internet works, but see an opportunity to make some extra money with not much effort, because as with all those schemes most people will be intimidated enough to pay, especially in a situation like this when there hasn't been any court clarification yet. Not to mention that German courts have been known to make some really odd decisions about internet stuff.

[calime]

This sounds like something any organization advocating for fair use rights should make a publicity campaign about...

[ratcreature]

Yeah, but most of these, including the OTW, are very US-centric. German copyright doesn't have "fair use" like the US in the first place, and exceptions for when and how you can use a work without permission and payment and such are really narrowly and specifically defined (like to enable teaching or reporting things), afaik. I'm no expert but the German law is much less flexible than the US model, and the idea that you can use works for new stuff without permission in certain cases is not part of how the German law works.

[calime]

Yes, I remember hearing some reports to that effect a few years ago - wasn't there a similar case aboput copyright that recieved at least EU-level attention? I think I recall thet at least then for example the German Pirate Party took a stand? The language barrier is probably also a problem in the dissemination of the information - I mean, German-language blogophere/internet corner is large enough not to need English, yet I'd guess most people moving in the English-language 'netspace don't speak German.

[ratcreature]

Yeah, though as I googled again, some English language news seem to have picked it up: http://www.cbc.ca/news/trending/getty-socially-awkward-penguin-1.3216230

I guess for anything to change you'd need a campaign to add some concept like fair use to the German copyright, but there probably would be a lot of resistance, and I'm not sure how well it even could mesh legally.

[yvi]

You wouldn't believe how many fellow Germans have already told me they can do something because of "fair use". People hang out on the English-speaking internet, hear about that concept and think it also applies here :-/

[ratcreature]

Well, some people also are surprised to learn that trials here don't work like on US tv and movies even though the German legal system is entirely different, and both defense and prosecution are organized by different principles, like there isn't this adversarial defense thing, there are no jury trials like in common law systems etc.

[cathexys]

I was amazed the first time I realized we don't have Miranda rights (I was like 14 or 15 but it was a real epiphany!!!)

Argh on the meme suing!!!

[ratcreature]

Argh indeed. I guess you have to be really careful to be sure that images you post can be used, or you risk random victimization by people who have this copyright lawsuit threat business model. I mean, it's not like that that blog actually created the meme or even the particular instances (if they just reblogged a couple).

I could sort of understand if Getty Images targeted those popular meme generator websites for using their penguin without permission for creating a ton of socially awkward penguins, and stopped that. At least that would actually be a step that could limit further unauthorized use. But I guess then they wouldn't get a gazillion opportunities to try to collect money from people were reblogging the memes.