Bloggers Beware: You CAN Get Sued For Using Pics on Your Blog - My Story

Photo is my ownSo today I'm forgoing the usual Fill-Me-In Friday post to talk about something that I've been wanting to blog about for a while but couldn't until the situation was wrapped up.

For those of you who are super observant, you may have noticed some changes on my blog over the last few months. Tumblr posts went away. Fiction Groupie disappeared. I deleted most of my Pinterest boards. The Boyfriend of the Week has changed format. And all my previous posts from the past three years--all 700 of them--now have new photos on them.

Why is that? What happened?

Well, you've probably figured it out from the title, but it's because I've been involved in a case regarding a photo I used on my blog. Like most of you, I'm a casual blogger and learned my way into blogging by watching others. And one of the things I learned early on was that a post with a photo always looked nicer than one with just text. So I looked at what other people were doing for pictures. And mostly it seemed that everyone was grabbing pics from Google Images and pasting them on their sites. Sometimes with attribution, most of the time without. And when I asked others (or looked at disclaimers on websites and Tumblrs), it seemed that everyone agreed using pics that way was okay under Fair Use standards. 

Here is an example of a disclaimer I found on a bigger site (name of blog removed):

THIS BLOG claims no credit for any images posted on this site unless otherwise noted. Images on this blog are copyright to its respectful owners. If there is an image appearing on this blog that belongs to you and do not wish for it appear on this site, please E-mail with a link to said image and it will be promptly removed.

And site after site had the same kind of thing. Just look on Tumblr, that same type of disclaimer is on a ton of them. And I'm thinking--well, that must mean it's okay because if that weren't true, sites like Tumblr and Pinterest couldn't even exist because reposting pics is the whole POINT of those sites. So off I went doing what everyone else does--using pics from Google Images, putting a disclaimer on my site, etc. 

Well on one random post, I grabbed one random picture off of google and then a few weeks later I got contacted by the photographer who owned that photo. He sent me a takedown notice, which I responded to immediately because I felt awful that I had unknowingly used a copyrighted pic. The pic was down within minutes. But that wasn't going to cut it. He wanted compensation for the pic. A significant chunk of money that I couldn't afford. I'm not going to go into the details but know that it was a lot of stress, lawyers had to get involved, and I had to pay money that I didn't have for a use of a photo I didn't need.

It wasn't fun. But the fact of the matter is, I was in the wrong. Unknowingly. But that doesn't matter. And my guess is that many, many of you are doing the same thing I was doing without realizing it's a copyright violation. So I wanted to share my experience so that you can learn from my mistake.

Here's what I learned about Fair Use:

It DOESN'T MATTER...

  • if you link back to the source and list the photographer's name
  • if the picture is not full-sized (only thumbnail size is okay)
  • if you did it innocently
  • if your site is non-commercial and you made no money from the use of the photo
  • if you didn't claim the photo was yours
  • if you've added commentary in addition to having the pic in the post
  • if the picture is embedded and not saved on your server
  • if you have a disclaimer on your site.
  • if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)

NONE OF THAT releases you from liability. You are violating copyright if you have not gotten express PERMISSION from the copyright holder OR are using pics that are public domain, creative commons, etc. (more on that below.)

I didn't know better and I had to learn the hard way. So I want to let you all know now so that you don't have to be a cautionary tale as well.

Plus, beyond not wanting to be sued, most of you who are reading this are writers. Our livelihood depends on the rights to our work. I've already had to send my own DMCAs to sites that have pirated my books. So I definitely don't want to be someone who infringes on someone else's copyright. A photo is someone else's art and unless they tell me it's okay, I don't have the right to use it.

So what can you do?

1.If you've been using images without approval from the internet on your blogs, know that you are probably violating copyright and could be sued for it.

Is the chance high? Probably not. Is it possible? I'm proof that it is. So you may want to consider going through your posts and delete pics that aren't yours.

2. Search for photos that are approved for use.

3. Take your own photos and share the love.

Almost all of us have camera phones these days. Instead of just taking photos of our family, think of images you could use on posts. See a stop sign. Snap a picture and save it. Whatever. And if you want to give back and not just take--open up a Flickr account (here's mine) and list your own images as creative commons so that you can share the love. (You can set it up to where whatever pic you load from you camera is under that license.)

4. Use sites like Pinterest and Tumblr with caution.

I have read way too many terms of service over the last two months. And I'm not a lawyer, so the legalspeak can be confusing and I am NOT giving legal advice. BUT both Pinterest and Tumblr (and most other social sites) say that if you load something into their site (i.e. Pin It or Tumble it) YOU are claiming that YOU have a legal right to that picture. And if the owner of that photo comes after the company, you will be the responsible party. And Pinterest goes so far as to say if you REpin something, you're saying you have the right to that photo. Yes, if that's enforced, it would mean that 99% of people on Pinterest are doing something illegal. Will that ever come up? Maybe. Maybe not. But I'm leaning on the paranoid side now. I don't want to be the test case. And I don't want to pin something the owner of the photo wouldn't want pinned. 

So pin your own photos, pin things from sites that have a Pin It button (though the Pin It button is not always a safe bet either because if the site owner doesn't own the pic but has the Pin It option automatically pop up, it's still not okay .) I pin book covers and movie posters because I figure that it's advertisement for said movies or books. But other stuff? All those pretty photos? I'm going to look but not touch.

ADDED: Also see discussion in comments about posting and sharing pics on Facebook. Same rules apply. (*comments were lost in site transfer)

5. Assume that something is copyrighted until proven otherwise.

That's your safest bet. If you're not 100% sure it's okay to use, don't. This includes things like celebrity photos. Someone owns those. There are enough free pics out there that you don't need to risk violating someone's copyright.

6. Spread the word to your fellow bloggers.

It was KILLING me not to be able to go tell everyone about all of this because I didn't want anyone else to get into this kind of mess. So if you know someone who is using photos in the wrong way, let them know. I wish someone had told me.

So I know many of you are probably thinking--she's being paranoid or that the likelihood of this ever happening to you is slim. Well, maybe. But it happened to me. And now that I know better, I'm going to do better (from the Maya Angelou quote Oprah always used.) And yes, it does kill me a little bit that I can't go on posting boyfriends of the week and mancandy, but instead I'll just post links to it so you can see it elsewhere. :)

So lesson learned: protect yourself and respect the rights of other artists. 

*This post is not intended as legal advice. God knows I have no background in law. This is just my experience and what I learned working these past few weeks with people who are experts at copyright.

 

My Top 5 Online Tools for Writers

I'm not usually one to just leave a link to a post on my blog tour, but today I'm a guest over at Books Are Magic talking about my top 5 online tools for writers. And since Wednesday is usually writers' day over here, I figured it'd be a perfect fit.

 

Tools

Photo by zzpza

My Top 5 Online Tools for Writers

 

Hope you'll stop by and say hi. *dives back into editing hell*

Investment vs. Payoff: Is Blogging Worth the Time?

 

First, a quick heads up, I'm being interviewed by Captain Jack Sparrow (how fun is that?) over at Romance Writers' Revenge today. Come say hi and check out how Captain Jack does at The Ranch. ;)

And congrats to...NOELLE PIERCE who won the STILL INTO YOU contest!!!! Thanks so much to everyone who bought the book and entered the contest. Love y'all! 

 

Is Blogging Worth the Time?

Photo Credit: Annie MoleIn a month, I'll hit my three year blogging anniversary. Three years of posting 3-5 times a week. That's a lot of blogs. And it's been a huge time investment. It still is. I love blogging, but I won't lie and say that it's always easy to keep it going.

In the beginning, blogging was the main way I was getting my writing out in the world. It was non-fiction, but it was still my writing. I was able to put a ton of time into each post because that book I was writing had no deadline. I wasn't even sure that book would see the light of day, so it was secondary to my journey to learn about writing craft, meet other writers, and connect in the blogosphere. I am so very glad I had that time because I've met some fabulous people, some of whom have now become close friends. 

But the blogging journey does transform a bit when you switch from being a blogger who writes to an author who blogs. Once you're published, writing books has to be number one on that list of priorities and blogging becomes secondary. If I don't put up a blog one day, y'all will forgive me. If I don't turn in a book by deadline, that's a bigger issue. So it becomes an exercise in learning to prioritize and balance.

I loved Nina Badzin's recent post on I’m Not an Aspiring Novelist (at least for now). She discovered in her blogging journey that the blogging format appealed to her more than writing a novel, so she's putting her focus where her current passions are. And I had to come to a similar conclusion (though in reverse) in January when I was still maintaining Fiction Groupie and this blog and trying to promo my debut on a blog tour and write the next book in my series. The house of popsicle sticks tumbled down around me. Maybe we can do it all, but doing it all well and keeping our sanity...not always possible. I knew I had to back off so much blogging because I'm a fiction writer first. That's where my deepest passion lies. So I downsized and streamlined.

But that begs the question, if your main goal is being an author, is blogging worth the time?

My thoughts...

1. If you're blogging because you thinks it's going to sell you a bazillion books, you're probably going to be disappointed.

A great blog can drive some word of mouth and some sales. I know that so many of my blogging and writing friends have bought my books, and I am so very thankful for that. *hugs you all* So yes, your community and friends will help support you and get the word out. BUT, even if you have a rocking following, it's still a drop in the bucket. I get 40k unique visitors to this blog a month currently. I assure you I haven't sold anywhere near 40k books, lol. Though that'd be lovely. So keep in mind that your blog can light a flame but it's not necessarily going to make you go viral.

2. Writing is a lonely business. Blogging and developing connections with the writing community can help save your sanity.

This is a priceless benefit. Twitter and the blogosphere are like my work watercooler. Without those friendships and connections, I'd feel like a hermit sitting here in my office pounding away at this keyboard. I'm an introvert, but I don't want to spend all day completely alone.

3. If you are blogging to connect with readers (who aren't other writers), you're going to have a a challenge on your hands.

I'm still working on this aspect of my blog. I had a writing blog for so long that most of my following was and still is other writers. I love my writer buddies and am so glad y'all are here, but I also want to have a place readers feel welcome. But the posts I've done that are non-writing focused tend to get the fewest comments and hits. (Well, boyfriend of the week does well, but I'm guessing lots of those hits are just image searches.) So it's a challenge. Most published author blogs that I know of attracted readers with their books first, not the other way around. (I talked about this more in  What Do READERS Want From an Author Blog?)

4. If you're going to write about the Random Ramblings of Randomness, then save yourself the trouble. (Unless you like talking to an empty room or are already famous.)

Having a blog just to have one is worse than not having one at all. If you're not somewhat focused in your content and you aren't giving the reader a takeaway, no one is going to stick around except your mom and a handful of others who are writing about Random Randomness. Caveat: If you're already famous, you can talk about whatever the heck you want. People already think you're fascinating.

So yes, I think blogging is still worth the time, but everyone should go in with realistic expectations and goals. Do it because you enjoy connecting with people, don't do it because you think it's going to vault you up the bestseller list. And if you're using your book writing time to blog instead, think about what you really want as an outcome. What is more important to you? It doesn't have to be a case of do one or the other, but it may mean reorganizing your time and priorities.

Also, Amber West gives some great tips about this process in her post: Do Writers Need to Blog?

So what are your thoughts? Why do you blog? What expectations do you have regarding your writing and blogging? Do you have trouble balancing your blogging with your writing time?

Fill-Me-In Friday: Best Writing Links of the Week!

 

Did I miss the train?

Photo by Son of Groucho
  

Busy week? Need to catch up? It's time for Fill-Me-In Friday where I share the best links I've come across this week. 

 First a final reminder, my STILL INTO YOU contest is still open! So for a $2.99 purchase of STILL INTO YOU, you get a sexy novella and a chance to win a gift card, a box of awesome ($30 value) or a 20 page critique from me (not sure how much that's worth, but I had a 10pg crit go for almost $400 in a charity auction last year, so this is a deal compared to that, lol.) Contest closes Monday night.

Also, huge thanks to everyone who has already bought STILL. *hugs* I heart you guys. : )

 

All right, enough shameless promotion, on to the links...

On Writing/Publishing: 

 

Special Annoucement:

 

On Social Networking:

 

On Life: 

 

What You May Have Missed Here:

Order STILL INTO YOU This Week and Win a Box of Awesome!

 

 

How To Write Love Scenes That Don't Suck - A Free Class!

 

 

Spice It Up Thursday: Music Is For More Than Dancing

 

And thanks to the following reviewers for posting reviews this week... 

  • "All I can say is I was blown away. A very true look into marriage, how it develops, fantasies being met and the depth each is willing to go to only to save their love and marriage. A must read!" - Delighted Reader 
  • "Still Into You was a great emotional and sexy read. Once they arrived at The Ranch, the sizzle factor went through the roof. Besides the smoking hot sex scenes, there was a great story about two people who love each other trying to find their way back." -Love To Read For Fun
  • "Realistic, sweet and adorable romance!  Recommended!"- Books Are Magic
  • "Roni Loren writes unconventional love stories that are hot enough to make the pages spontaneously combust, yet also emotionally complex and beautifully told.  You don’t find that combination very often...at least I don’t.  I think she is a must read for erotic romance lovers." - Seductive Musings
  • "I loved the story.  Seth and Leila's marriage was perfectly written and their struggles with juggling family, responsibilities and still keeping the "spark" in a marriage alive was dead on.  Roni Loren is quickly becoming a must buy for me.  Can't wait for Melt Into You."- Cocktails and Books
  • "Roni was able to convey not only the pain they felt but the passion. Oh my goodness, but do these two have some serious passion together. Seth and Leila are way hot together, and I enjoyed watching them reconnect with one another. After finishing this novella, I definitely can't wait to get my hands on more from Roni Loren." - Ramblings from This Chick
  • And if you want to see who I used for visual inspiration, check out my mancandy post at Romancing Rakes For The Love of Romance: Guest Post with Roni Loren + Giveaway

 

All right, that's all I've got this week. Hope you all have a fabulous weekend!

Follow At Your Own Risk: Why My Social Media Shouldn't Have To Be G-Rated

funny dog pictures - that was SO NOT G rated
see more dog and puppy pictures

Yesterday, the lovely Jody Hedlund--one of my favorite bloggers--did a post on her 10 Social Media Pet Peeves. Now, Jody and I almost always agree. We've seem to have followed a similar blogging journey along the same timeline and often I find myself nodding along with her posts. And this post was no exception...for nine of those ten points. But number 4 gave me pause and thusly, inspired this post.

Here's her number four:

Pet Peeve #4: When followers use graphic pictures. This applies mostly to Pinterest. Soon after I joined, I quickly realized I couldn’t auto follow back. I was getting some very steamy pictures in my nice “happy” homepage stream. My laptop sits on the kitchen table in plain view of my kids, and I don’t want to have to worry about what they happen to see as I browse my SM sites. Even if a writer’s brand is erotic, I still think it’s wise to be sensitive to the fact that many of us are Moms with kids running around us.

I was with her until the "even if a writer's brand is erotic" part. :)

See, here's the deal. Your "brand" as a writer should be closely aligned with your style of books. If you're writing children's books, then you're not going to be talking about politics and sex on your blog. If you're a Christian writer, you're not going to be blogging about how drunk you got last night.

I write erotic romances that have explicit sex scenes in them. Kink is part of my books. People who read them know that and like those kinds of stories (or else they wouldn't be reading them.) So my readers aren't going to get offended if I post Boyfriends of the Week or shirtless men on my Pinterest (or even sexier stuff on Tumblr). In fact, not only are they not offended, but those boyfriends are the posts that get the most hits by far. So obviously, a big portion of people who follow me are into it.

But I know I also have a portion of followers who are writers who started following me when I was running Fiction Groupie. They are here for the writing posts and aren't necessarily interested in reading my books. That's fine. I even have a separate RSS feed for those who want only writing posts and no mancandy in their inbox so that they don't have to worry about it.

But if you go follow me on Pinterest or Tumblr without looking at the types of things I post, then that is on you. If I have a board named MELT INTO YOU Inspiration, which is a book about a BDSM menage relationship, you can probably guess the photos aren't always going to be G-rated. Hell, my book covers aren't even G-rated. If you choose to follow, that is at your own risk.

I make no secrets about the kinds of books I write. Look at the tagline up at the top of the blog. I'm not going to apologize for posting things in line with my brand. In fact, next week I'm starting a series in prep for STILL INTO YOU's release that is going to be about fun ways to spice up your marriage or relationship. These posts are going to be tasteful, but they're not going to be G-rated. They shouldn't have to be.

Yes, I know people have kids around their computers. I have a four year old. I get it. But it is not MY responsibility to cater this blog (or any of my other social media sites) to keep things away from your child's eyes. That's like saying I shouldn't write erotic romances because a child might pick up their mom's book. My only responsibility is keeping it from my kid's view. I know which sites not to click on if he's sitting next to me. 

My brand is sexy romance. It shouldn't be a surprise if I sometimes post about sexy things. Just like if a Christian writer is posting about a bible passage or their religious journey. If I'm following them and not of that faith or whatever, I have no right to get offended. Their brand is clear. If I chose to follow the person, that was at my own risk.

And if someone is posting stuff you don't want to read or see, don't follow them. I've unfollowed a fellow erotic writer for being unnecessarily graphic and cursing nonstop (and believe me, I'm not easily offended.) But it was too much for me and I was getting nothing from their feed. I've also unfollowed people who spout off poitical stuff that ticks me off. I don't need that stress in my day. Was what those people were posting wrong? No. It just wasn't for me. They have the right to make their image and brand whatever they want them to be. I have the right not to buy into it.

For my own blog, I have lines. I don't post nude mancandy pics since I prefer photos that leave something to the imagination. I occasionally curse, but usually keep it at a PG-13 level or ** out the words. I try to keep everything tasteful and classy even when I am talking about a racy topic. Why? Because that's what I want my place on the web to be like. The way I discuss things on here is how I would discuss things in person.

Jody responded to my comment on her blog with, "Obviously, if we're trying to reach our target audience, then we'll try to brand our Pinterest boards to our books. That makes sense. Nevertheless, I do try to be sensitive to the fact that I have numerous followers from all spectrums of life."

I see where she's coming from (and of course I still heart Jody), but I also know that trying to please and cater to "everyone" is an impossible task. Try doing that with your novel and see how well that goes.

Different people want different things. A fellow writer is going to want something different from me than a pure reader will. A romance reader will want something different from me than a suspense reader. You can run the risk of becoming too generic or safe in your brand. That's what was happening with me at Fiction Groupie. I felt restricted because I only posted about writing. I was afraid to post romance-y stuff because some people would've been turned off. So it boxed me in to only talking about writing. That's something I love to do, but it was becoming a very one-dimensional version of me. And where does that leave the readers who could give a crap about how-to writing posts?

So this is me and this is my brand. If you only want writer me, you have the option to just follow those posts. If you want to follow me on Pinterest, cherry pick the boards that appeal to you. If you want to follow me on Tumblr, read the 18+ and NSFW warning at the top. If you want to follow G-Rated mom me, follow my group mommy blog Peanut Butter on the Keyboard. If you want to follow me on Twitter, you'll get a little bit of it all. But I'm not going to apologize for what I post. You've been warned. Follow at your own risk. (But I do hope you still follow.) ;)

So what are your thoughts? Do you think we should keep everything PG even if our books are not? Has anyone ever surprised with something you didn't want in your feed? Do the mancandy posts make you happy or make you nervous to view my blog?