Recently Shelley Batt, a blogger of one of the Scienceblogs, Retrospectacle, encountered a legal trouble due to misuse of table and figure of a copyright paper on her post. After reading other blogs that discussed this event I am surprised that so many westerners support Shelley so strongly. Living in a country which is often severely blamed for its deficiencies in legal regime of patent and copyright (a recent example), I am told many times that illegal utilization of patent material will never be decriminalized by the morality of the deed. And when I began writing science stories in my blog, I asked Science writer David Bradley, who is fairly conversant with the rules and regulations pertaining to image use having worked on both sides of the fence, as publisher and freelance journalist.His reply is very instructive:
Basically, unless it states somewhere that you can use an image without limitations, you must assume that the publisher and/or the authors reserve all rights, this means you usually cannot re-publish an image without express permission of the copyright holder, regardless of the benefits wider dissemination of the image and its associated context might bring. This also extends to 'hotlinking' images from other people's websites, which is poor netiquette in the first place. In most cases, copyright holders are only too pleased to receive permissioon requests and to grant re-use rights so long as proper credit is given. There are exceptions: images produced by the US government or its employees are copyright free, other public domain images, and images with a creative commons or other openaccess or copyleft statement. But, don't take my word for it, you need to check each specific image and if in doubt, request permission for re-use, whether you're a blogger, journalist or publisher.
... especially the reply to one of my question:
(Andrew: ... I used to directly crop the figures in the published papers and use in my blog for description, following the similar ways of other blogs...) Lots of other sites do it, doesn't make it legal. Any images I use in articles are done with permission of the author and copyright holder.
All that said. Don't sweat it, I doubt anyone will come crashing down on you, they may ask you to remove an image from your site, but they would be wasting their time and money trying to sue, wouldn't they?
Always be warned, that the blogosphere is always a minor group of people, (young) grassroots in many fields. They base their attitudes more on morality and tend to support the weak, the most natural reactions of human. Although voices of the bloggers are augmenting, they should not be regarded as average or general views. Take Shelley's issue for example, if copyright holders, publishers, or employees of a patent department in the government hold blogs, their views may be totally different. There are still part of the population (seniors, officials, etc.) who, although well benefit from Internet information, seldom express their views on blogs or other kind of personal websites. I'm disappointed with the media nowadays which add or even highlight the reaction of bloggers after every report of any event, and refer them to more generally 'people online' or 'view from the Internet', omitting the fact that this is only minor opinions.
Personally I don't wish the voice of bloggers to become too loud for official institutions to ignore. If one day an organization held a press conference to reply to the severe reaction of bloggers, this should also be time when the they lost the freedom of blogging. We can talk freely only because we are all anonymous online (although you disclose your nation, institute, fields of interest, and even contact, etc.) and seldom break the law. We can talk about everything online including the offline events. But if a blogger is involved offline, he/she lost the anonymity immediately. There are also bloggers that disclose his real identity; they write more carefully and formally, and are responsible for the content. So please decide which way you like before blogging. If you just want to let out anything in your mind but don't want it to be seriously examined, be careful not to break some offline regulations, or attack offline persons too explicitly, or get into any other situations that may force you to identify yourself to take some responsibility. That is, keep everything online. If, alternatively, you would like your blog to be more involved in the community, disclose your offline identity, or at least write responsibly and be ready for any social response.




