Minnesota Democrats Exposed Censors Copyright Infringement Accusations

Yesterday, I called out both Ryan Lyk and Andy Post within the comments of MDE and here on The Deets for using copyrighted images from the Duluth News Tribune and Getty Images within their blog posts.

On Andy Post’s post, where he used a photo from Getty Images that he found on The Telegraph, I commented:

Copyright Infringement Question for Andy Post

On Ryan Lyk’s post where he used a photo from the Duluth News Tribune, I commented:

Questioning Ryan Lyk's Duluth News Tribune Copyright Violation

Not long after leaving that comment, Ryan Lyk scrubbed the copyright violating photo from Minnesota Democrats Exposed while leaving my comment in place. That made my comment irrelevant, so I left a follow-up comment:

Following Up on Ryan Lyk Copyright Infringement Comment

At that time, I had the three most recent comments on MDE. A scan of the site’s comments feed verified this:

Ed Kohler Comments on Minnesota Democrats Exposed
Click for full-size image.

Within a few hours, my comments disappeared from Minnesota Democrats Exposed. Here is a screenshot verifying that:

Missing Ed Kohler Comments on Minnesota Democrats Exposed

After that, a loyal defender of Ryan Lyk and Andy Post named Erik Leist hopped on the comments here at The Deets to explain that, under his liberal definition of Fair Use, stealing photos is Fair Use as long as you mention where you stole copyrighted photos from. This was after Ryan Lyk quietly removed from MDE the photo he had stolen from the Duluth News Tribune. So far, Andy Post has kept up the photo he stole from Getty Images via The Telegraph.

This makes me wonder:

1. If Ryan Lyk agrees with Erik Leist’s definition of Fair Use, why did he pull the copyrighted photo he has stolen from the Duluth News Tribune?

2. If Andy Post agrees with Erik Leist’s definition of Fair Use, why did he pull my comment rather than simply explain his position?

DEVELOPING…

7 thoughts on “Minnesota Democrats Exposed Censors Copyright Infringement Accusations”

  1. Ed, if you have a problem with the definition of Fair Use that I provided your quarrel is not with me, but with the United State’s government.

  2. “… Erik Leist hopped on the comments here at The Deets to explain that, under his liberal definition of Fair Use, stealing photos is Fair Use as long as you mention where you stole copyrighted photos from.”

    By also trying to illegitimize a (quite valid) point I made which was directly quote from the United State’s Code?

  3. Are you suggesting that Getty Images or the Duluth News Tribune would agree with your interpretation of Fair Use, as practiced by Ryan Lyk and Andy Post? Heck, Ryan doesn’t even seem to agree with you, considering that he pulled the Duluth News Tribune image once he was called out on using it without permission.

  4. I’m just now seeing this blog entry… It is very-unusual to see an article/post, about something as common-place as like this.

    I’ve been in the Blogosphere since 2002, and can tell you, it is very common-practice to include, within blog entries, photos from the websites of major newspapers.

    If someone is “hotlinking” an image, without permission, then that is more-serious (because they are using bandwidth).

    However: Including an image (hosted on one’s own bandwidth), which came from a major newspaper’s website, in a blog entry, is very-common. He should indeed have provided a link, to newspaper article, but at least he listed the source. Saying that Ryan “victimized” the newspaper is ridiculous.

    I don’t know if you are serious, in asking these questions… Obviously, the reason he pulled the photo, is because you had made an issue of it (which distracts from, and is totally-unrelated to, the point of his blog entry).

    And also: The usage of that single photo, of an elected public-official, from the website of this major newspaper, would definitely fall within the “fair use” doctrine. (At least 3 of the 4 factors weigh heavily, in favor.)

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