Screenshotting a Newspaper Page May Infringe a Licensed Photo–Hirsch v. Complex
https://blog.ericgoldman.org/archives/2018/12/screenshotting-a-newspaper-page-may-infringe-a-licensed-photo-hirsch-v-complex.htm [blog.ericgoldman.org]
2018-12-19 23:04
Any opinion that starts out with the following introduction will get my attention: “This case, which is factually very straightforward but presents a whole host of legal issues, would — in the parlance of law school — make for a good issue-spotter examination.”
Once again, photos create unexpected legal problems for folks. The court says “For the first two seconds, the Photograph is clear as day, and its prominence unmistakable — it is the thing being featured in the video and takes up most of the screen.” News videos routinely show screenshots of third party newspaper coverage of the same topic. Usually the screenshot highlights the headline, though sometimes it highlights a pull quote. It’s unclear if screenshotting newspapers is categorically problematic. However, this opinion suggests that any collateral copyrighted material in the screenshot–such as a photo the newspaper licensed from a third party–is liability bait, no matter how briefly it’s shown. Fortunately, there is an obvious but suboptimal solution. Video producers taking screenshots of third party newspapers need to blur EVERYTHING–ESPECIALLY PHOTOS–other than the minimum they need to establish their point.