Is 500px encouraging copyright theft?

How the 'embed' function on the photo sharing website 500px may have unintended consequences

screen_shot_2011_06_28_at_141835.jpg

The problem is the 'embed' functionality that's built into 500px. In the social networking box, there are your standard 'like' on Facebook, 'tweet' on Twitter, Submit to Stumble Upon and all that jazz.

One of these buttons reads 'Embed', and gives you a HTML snippet that makes it easy to embed photos into your blog. In fact, the Embed code goes further, and actively encourages it: "Copy the code to your LiveJournal or Wordpress blog".

I don't want to be difficult, but I haven't given permission to 500px to dissaminate my photos like that. Not without my permission, not without a licence in place, and (probably) not without paying me.

If I find a series of my photos on someone else's website, where they are being exploited commercially, I'd send them a takedown notice and an invoice.

screen_shot_2011_06_28_at_142649.jpgThe problem, then, is that 500px seem to be encouraging its users to commit copyright infringements of my copyrighted materials. They claim, apparently, that it is "good exposure" for the photographers. Personally, I strongly disagree - I'll decide what is good exposure for my own photos, thank you very much.

Right-clicking on a photo on Flickr has a completely different outcome: You get a pop-up reminding you that the content is copyrighted.

Against their own T&C

Okay, I'm showing off my geekdom properly, in admitting that I am actually reading the Terms and Conditions on the sites I visit, but allow me that.

On the 500px site, in the Terms of Service, it states "By submitting photographic or graphic works to 500px (...) you agree that this content fully or partially may be used on 500px web-site for promotional reasons (such as photos at home page)". 

There is no mention whatsoever about re-distributing my images to a wider audience, whether via blogs, LiveJournal, Twitter, Facebook, etc. Enabling (nay - encouraging) users to embed my copyrighted photos on their own blogs, then, is against 500px's own terms and conditions.

Thanks, but no thanks

I understand what 500px is trying to do: Opening the internet is admirable, and wanting to share content all over the place is a great idea. But it's only a great idea when you own the content, and when you've decided that this fits in with your business objectives, and your approach to copyright.

500px deciding to share my photos with the world, encouraging people to commit copyright infringements via a feature I cannot turn off, is not my idea of a well thought-through website.

Let me turn off Embed feature, at least...

...Unless you are happy to receive a ream of invoices from me, of course. In which case, carry on, and could you send me the address to your invoice payable office, please?

Hat tip to @phillprice for the tip re: this article


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Comments

Your invoice is in the post ;)

The embed is a link to the original photo page and not a separate copy of the photo itself. Somebody using inline-linking to web content is not copyright infringement.

http://en.wikipedia.org/wiki/Inline_linking

An IP lawyer would disagree with you. Linking to a resource, rather than the page, is copyright infringement.

No offense but I find this as a tin foil hat argument. It generates thumbnails, which have been already contested in court (the Aribasoft case) and found to be fair use. It also links back to ones 500px site. It is, essentially, no different than someone hitting the tweet this button on flickr, which then puts a thumbnail in the twitter timeline. Is that encouraging theft as well? We also must keep in mind that anyone can right click, and choose "send link to", with choices of email and others depending on which extensions one has installed. Also, by selecting the facebook option on 500px it embeds a thumbnail in to someones wall.

This is social media we are talking about.

From 500px Terms:

"By submitting photographic or graphic works to 500px at Upload page to your profile you agree that this content fully or partially may be used on 500px web-site for promotional reasons (such as photos at home page). By doing so, 500px will comply with the Canadian Copyright Act, which means your work will be properly attributed or quoted. No photographic content, emails, and other private information will be sold for any reasons by 500px."

So I'd say you did agree to this and 500px are being responsible by ensuring the author and link is included.

Actually, scrap that. It does say "on 500px __web-site__" (emphasis mine) which I'd missed.

You do not need permission to link to somebody's content.

Since the Adoption of the Berne Convention there is no requirement of a mandatory copyright notification.

No, you do not need permission to link to someone's content. However, you do need permission to DISPLAY someone's content. That's what's happening here. This embed feature isn't simply giving a URL to come visit the content on the 500px page, but is displaying that content - entirely out of context that the creator intended - on someone else's page.

For example, Coke has pictures of its product on its web page. Imagine Pepsi came along and linked to one of those images, displayed it on one of its web pages in an unflattering context

Don't you think Coke's lawyers would be all over Pepsi for that issue? I know they would.

How does Google Images get away with it?

It'd be cool if someone could link to a legit article that deals with this topic...

Completely agree with kkartphoto.

I don't really see how it is any different from the other sharing options. They ultimately do the same thing- link back to the original content on 500px.

"Right-clicking on a photo on Flickr has a completely different outcome: You get a pop-up reminding you that the content is copyrighted."-- This is what happens on 500px also as of a few days ago.

You are free to disagree Haje, and Wikipedia isn't exactly a good source of information as anyone can edit anything. That being said, I would urge you to look at this court case here -- http://docs.law.gwu.edu/facweb/claw/ArribaSo.htm -- Kelly v Ariba Soft, that happened back in 2002/2003 in which a photographer sued Ariba Soft, the owner/operator of the search engine ditto.com for 'havesting images as thumbnails' within it's search engine (think Google images) The photographer lost, which paved way for things as you see them today. Thumbnails are fair use.

Now you may have an argument if 500px allowed large size images with no credit at all being giving to the photographer or no link back to the photographers page, which is a different animal entirely.

I don't think 500px is "encouraging" copyright theft as much as they're encouraging healthy exposure. Further, anyone can created the embedding code without the fancy button.. I think the best option is to watermark the bottom of your image, and add text that you do not allow duplication/distribution without prior written consent.

Hi - great set of responses to the posts, and I think I am with the group that says that the inclusion of the thumbnail is OK!

However, a wider question - what is 500px and what does the web site try to achieve? I saw that I had to register before I got very far into the site, but how does it differ from Flickr or Pure Photo? (disclaimer - I did a review of PurePhoto recently)

Steve

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