Last week twitter was a flutter with news that a New Jersey based media group filed a lawsuit against a hobby blog for images it posted depicting house parties of the Real Housewives of New Jersey.
Suddenly bloggers were scrabbling to review their blogs to determine what was permitted and not permitted to post.
What was the law on copyright infringement? Were they violating the law? Why would a media group go to such lengths to target a reality tv blogger? Who would be next?
One blog commenced posting images with the logo “Stolen From ____” in order to give credit to the image origins.
Another blog indicated it would no longer utilize images so as not to be forced to maneuver thru the maze of copyright laws.
Most surprising was the reaction of one Bravo personality who responded as follows:
Since the lawsuit was a dispute over images, it is unclear to what Rich Wakile referred when he expressed his hope for “the TRUTH.” Considering his repeated role as a Defendant, Wakile’s tweet was absurd – Bless His Heart.
So the question that Faux Reality seeks to answer is: Under what circumstances can bloggers post images? This article is not intended to render legal advice nor should it be relied upon as a legal interpretation. But rather a layperson’s interpretation of the law and cases reviewed herein.
On or about June 13, 2012, North Jersey Media Group filed a complaint against a blogger and reporter by the name of Victor Sasson (hereinafter “Sasson”). The suit alleged that Sasson violated copyright laws by using images and stories that were initially published in the Bergen Record on his blog. Complaint, North Jersey Media Group vs Victor Sasson Docket No. 2:12-cv-03568.
On January 4, 2013, the Court dismissed Three of the Four Counts of the Complaint. After a thorough analysis of the Complaint, the Court found that North Jersey Media could not claim copyright infringement BEFORE it obtained a Certificate of Copyright Registration from the United States Copyright Office. The Court concluded that applying for a certificate is not enough to prove a case for copyright infringement, the Certificate must be issued to maintain a case. The only remaining count in the Complaint is Sasson‘s use of the iconic September 11 photograph of Firefighters raising the U.S. flag at the World Trade Center.
Thus, North Jersey Media is fully aware that if it does not possess a Certificate of Copyright Registration issued by the United States Copyright Office on the date images are posted on a blog, it cannot maintain a cause of action for copyright infringement.
So hypothetically:
- On April 22, 2012, Real Housewives of New Jersey hosts various events;
- On April 23, 2012, blog posts images;
- On or about June 30, 2012, Big Bad Media acquires rights to photographs from various photographers;
- On or about July 20, 2012, Big Bad Media applies for copyright registration certificates;
- On December 4, 2012, Big Bad Media is issued Certificates for some, but not all images (while others remain pending).
In the above hypothetical situation, Big Bad Media Group cannot maintain a prima facie case of copyright infringement for postings until AFTER December 4, 2012 for those images in which certificates have been registered. In fact, in the above hypothetical Big Bad Media didn’t even own the rights to the photographs until June 30, 2012.
Therefore, any blog who posted the images before December 4, 2012 has not violated copyright laws pursuant to the Decision of the Court in North Jersey Media Group vs. Sasson.
WOW – you f’n rock! You should be a lawyer cause honey, you are the bomb on clear and credible information! Seriously, I love to read anything you write. Thank you!
He’s dead on on the copyright stuff. I think they are going after those bloggers because they are posting true information.
I am with Pinky on this! You are awesome!!!
awesome blog
I guarantee that Rag of a Paper is lawsuit happy because of the Manzo crew. I bet the Brownstone has ads in the paper.
as always…the voice of reason and TRUTH!
This is important information. Thanks. The Manzos should read this.
Did my comment post?
I don’t know where it went. These A-holes have been suing ppl since the year 2000. That’s how they make their money. They take shit to the appellate courts. Those pictures are all over the net we know the MANzo are behind this. Just because they don’t have their name next to Bergen. If thy are so worried abt copyright then why have pics out there for ppl to grab with out watermarks on them? I thought whole idea also was when u photocredit AND IF they are good pictures then ppl will visit those sites. if thy have photos out there with no watermark in this case, it means one of many things. Someone could of sent it. Every other site posted it, which other sites had similar pics of that party and they have WordPress url blogs, I highly doubt they would buy housewife photos..err…Of the Manzo’s! Makes you wonder if thy put these photos out there on purpose. Please tell me you didn’t use ur CC Faux. They’ll tell the Manzos who u are. Don’t think a credit card tranaction attached to the Manzos would ensure laws were followed.
Please tell me u gonna ask for a refund too. Lol that gawd awful photo u purchased.
I was very disturbed when I saw the lawsuit. I’m glad it is getting resolved (to some point anyway). I love these reality “stars” who bite the hands that feed them. Don’t they know that if they were not blogged about – whether good or bad – they wouldn’t be relevant to their story? Idiots. In more way than one.
This is awesome. Thank you soo much for breaking it down.
so Big Bad Media, herein referred to as BBM should sue their stupid lawyer for malfeasance and demand a refund.
Fabulous post Faux!! Dang it, you r incredible @ research.. TY for the truth!!
I hope NO blogger (whether I agree with their views or not) is discouraged by these scare tactics! Enjoy them so much – plus the comment sections, of course.
PS: Fuck You, Rich Wakile aka Sleazebag
Interesting comment Miss Fab! On this part>>”..That’s how they make their money. They take shit to the appellate courts. ”
Question: Couldn’t the reverse be true for the bloggers? Would it be worth it to turn it around on them? Say, if it’s ruled that this suit is “frivolous” (or thrown out etc) – Could the blogger then go after “them.”? (Bergen/BRAVO/Manzo/the event depicted/The Brownstone<<lol!)
Richie should learn to keep his plastic veneers shut! I think this man is brain damaged. He is too stupid to be considered a loose canon. I have said this before on another blog, if I was a teacher of one of Ritchie’s minor children, I would have had to report him to CPS after seeing his morning wood in the RV. Kathy and Ritchie post photos over twitter and as far as I know, those are fair game as are any photos on google images. Bloggers do credit their images out of curtesy as well as it’s the law. It’s nice to know that “The Bloggers” have gotten under the skin of the Walkilie’s! PJ
After reading more about this, a blogger should credit the twitter profile and the go to the website linked to google images and find the origional credit…which they do