ReBlogging
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A misnomer if ever I heard one. But the fact is it exists, yes, I have read much about it but I have a question I haven’t seen addressed.
What is the thinking on a private blog, that may be commercial, reblogging your material?
I got an email this morning that ‘Lily Pad Day Spa’ has reblogged a post of mine and when I went to look was denied access. I was given the option of requesting access to my own reblogged material, which I’ve done because I want to know how my material is being used, and haven’t heard back yet. The reblogger sounds like a commercial site, and is private, so it doesn’t sit right with me. Ever feel used???
Any informed views would be appreciated, for a proper perspective in these …… times.
The blog I need help with is: (visible only to logged in users)
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If it’s a private blog, it’s not very commercial.
I suggest you contact staff and ask about this, because that’s an interesting issue. When this has happened to me, I just google till I find the contact info of the person and straight out ask them for access so I can see what they’ve reblogged/linked to. They’ve always said yes so far.
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Thanks RC, I’ll do that re staff. I have also requested access via their email, to see what it’s being used for.
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Basically, reblogging is a feature of WordPress.com and something that you’ll pretty much have to expect here as posts can be reblogged from any blog that a WordPress.com user can read.
We have structured reblogs in a way that the post is clearly and fully attributed to the original blogger, and in most cases, the reader will need to visit the original post to see all of it.
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I thought it was visible to all here : https://en.forums.wordpress.com/topic/what-is-wp-position-on-reblogging-by-private-blog?replies=1 Anyway!
The post reblogged is this : http://beingmark.com/2012/04/23/the-fly-3/ And the reblogger is this : http://lilypaddayspa.wordpress.com/ Which looks like a business name to me.
I know of the existence of the reblogging ‘feature’. I don’t have an issue with the practise but my original copyright work is being used by a ‘private’ WP blog and I want to know in what context it is being used. It is my work and I retain full rights to its use.
In other words I don’t want it misused by a business and the only way I can tell that is if I see it where it is reblogged, and I haven’t heard back from the blog/email regarding my access to the reblogged post to check on its proper use. So can you be clearer?
Are you saying because it is reblogged on WP I no longer have a say in how it is reblogged/used, even though it is my copyrighted work and it may be used for commercial gain, or other unacceptable (to me) use?
Would it be ok, if you were me, blogging as I do, and a Pest Control firm ‘reblogged’ selectively to misrepresent and, in my view, misuse my work?
Is that the position of WP? Surely not?
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Are you saying because it is reblogged on WP I no longer have a say in how it is reblogged/used, even though it is my copyrighted work and it may be used for commercial gain, or other unacceptable (to me) use?
In a word, yes. This is covered in our terms of service. However, note that the content is not reproduced in its entirety and is clearly attributed back to you.
The blogger that reblogged your post seemed to just like the image, as there are few more from others like that.
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If the blog were a public one, the situation would legally be different, as you could assert copyright over your work. As it’s a private blog, it’s not technically published or broadcast, so they could probably claim fair use. I’m not a lawyer, but I’ve been down these roads many times before.
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So macmanx is saying WP’s TOS override my legal copyright? Is this WP’s legal advice? I doubt that, or that it has been tested in a court of law, yet. Can you point out the exact part of the TOS you are referring to please?
But you are just repeating what has been told you to say, right? If someone wants to use my material to enhance their commercial prospects or misrepresent me or my work, albeit privately, it is still my work and legally subject to my terms of use. How private would probably have some bearing on any actual judgement.
And raincoaster; But it is published, privately. And the point is it is my work and I can’t check on its use which I find unacceptable. I haven’t been down these ‘particular’ roads before but surely to claim fair use it would have to be demonstrated to be fair use when the question arises? Isn’t that only fair? :)
And so far it has not been so demonstrated.
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And macmanx isn’t it also in the TOS : 2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
– the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
So, since I can’t check the facts for myself here, it being a private blog that reblogged my work, can you ask the owner of the blog to grant me access to see that my work and rights are not being misrepresented or infringed in any way?
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You still maintain copyright, but our terms of service state:
By submitting Content to Automattic for inclusion on your Website, you grant Automattic a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog.
In this case, reblogging is another form of distributing your blog.
Again, please keep in mind that reblogging only reproduces part of your content, fully attributed to you, and will drive traffic back to your original post from those who want to read the rest of it.
I recommend that you try a reblog yourself to see how it works. Feel free to reblog any of my posts: http://macmanx.com/
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I get that, promoting the blog promotes WP, fair exchange – no problem.
But forgive me if I seem to be stubborn. It’s just that when I didn’t have the opt out from ads on my primary blog – http://beingmark.com/ – the first ad I saw on it when I logged out to look was an ad for Pest Control. I’m reasonably sure WP wouldn’t do that deliberately, knowingly. So I paid for no ads because that was an unacceptable misrepresentation of my work, to me, and there was no other option at the time. Almost funny too, but for how the mind works by association.
And please bear in mind this issue only arises for me because it is a private blog that has reblogged my work, and I can’t check on the use it is put to, which I’m sure you would agree matters, to my proprietary rights. So I refer you to the post above your last one where I ask you to get in touch with the said blog owner to request access for me to check how my work is being used.
Otherwise how can I be sure they are not in breach of my proprietary rights, or how can you know if they are not in breach of WP’s TOS referred to above?
Can you do that for me?
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Courts are iffy on private publishing. They have no appetite for going after things which are not published to the public. You could try asserting your copyright. You know where the website is, and you know who hosts it (WP.com). You could file a DMCA notice and order your content removed from that site.
macmanx knows they are not in breach of the TOS because he’s staff and he looked at the post, which is how he can tell you what it is of yours that they reblogged.
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I can’t have the blogger add you to the blog on your behalf, but I can assure you that your photo is just reblogged amongst similar photos. I don’t see any commercial intent. All I see is a collection of reblogged photos.
If you do own rights to the fly photo and are concerned about its use, you can file a DMCA notice: http://automattic.com/dmca/
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One thing I’ll offer here is that in particular when it comes to images, don’t put ANYTHING on the internet you are not prepared to have taken and reused by someone else. It happens all the time. The only way to keep it from happening is to NOT put it on the internet.
I went through a period of time when I was filing 3 or 4 DMCA violation notices each week, and sometimes more, for images and for blog posts, and have pretty much now given up except when they claim it as their own. Then I get them shut down.
People in general know nothing about copyright and a high percentage simply don’t care. Welcome to the New World.
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Thanks raincoaster, much appreciated to have the benefit of your experience.
Thanks thesacredpath, I am well aware what can happen to an image once it’s posted to the web and I have no problem with most of it so far, since there has been no commercial gain involved, and where a few reposted my whole post or more I just explained the situation to them and there was no problem – much of it is down to people’s inexperience or misunderstanding of the value lost. That’s where I can see how my work has been used.
The issue here is that I can’t see how my work has been used, that’s all, a first for me – to know my work is used and not be able to check on its use.
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Just a thought. If you think the blog is a business name, how about doing a search for it on Google and seeing if there is a business address attached to it? If so, you might be able to contact the blog owner a different way. (And if it’s a different person, then you won’t really have lost anything.)
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Thanks macmanx, but I didn’t ask you to “have the blogger add (me)you to the blog on (my)your behalf”. I asked you to “get in touch with the said blog owner to request access for me to check how my work is being used.” There’s a world of difference between your “have” and my “ask” and I don’t know how you could have taken one to mean the other.
I accept what you say; “I can assure you that your photo is just reblogged amongst similar photos. I don’t see any commercial intent. All I see is a collection of reblogged photos.” So I believe I don’t need to issue a DMCA.
And if it’s ‘only’ the photo then it seems the blogger can edit the reblog. But I just tried a reblog of a post to another of my sites and I can’t edit it there, the reblogged post.
So just one last question. Can a reblogger edit a post they have reblogged, at all?
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No, the reblogged portion cannot be edited.
Yes, your post appears as it normally would in a reblog with the image first, and text afterwards.
The contents of the blog are primarily filled with reblogs that begin with nice photos like yours.
It is not obviously business in nature, and I will not be further describing the contents of this private blog on the public forums.
I have contacted the blogger, but as in similar past cases, I doubt I’ll hear back.
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Thanks Mac, much appreciated.
G’Day absurdoldbird.
I did google the name and there were around 500,000 possibles are far as I remember. I’ll take Mac’s word it is not commercial, so I don’t mind the picture being used.
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