I'd like to shift this discussion to the legal situation as I'm quite
curious about it. Let's say you want to use a couple of photos from my
website on your website. One is a picture of a poster that I printed. It's
on my website here
http://www.thomaslevine.com/photos/1130468970_a8288-L.jpg

Another is a picture of a very public city street. Nothing pictured in the
photo is my creation. Let's say that my website says that this picture
inspired the poster linked above.
http://www.thomaslevine.com/Dump/Signs/IMG6314/926639476_7qnDL-L.jpg

These images were really hard to find on my website. You didn't have to
crack anything to get to the images, but you did have to guess directory
names and stuff to navigate to the appropriate photo albums.

You want to put these photos on your website. Following Peter's suggestion,
you ask me for permission to use the photo and ask whether you should host
it yourself. I say that you may not use the photo at all. You feel that it
is fair use, however, because your website is a study of trends in jello
wrestling poster design. So you mirror to it and attribute everything you
can, according to Adi's suggestion.

I actually didn't want these pictures to get out, and I was really stupid
for having put them up publicly, albeit obscurely, on the internet, so I
decide to sue you.

If I sue you for copyright infringement, will I win? And would it be
different if you'd embedded the image hosted on my server instead of
mirroring it?

Tom

On Sun, Dec 26, 2010 at 2:53 AM, Peter Olson <[email protected]> wrote:

> At 4:36 PM -0800 12/25/10, Parker wrote:
>
>  am i correct in thinking that in terms of copyright and other related
>> legal restrictions it's more "okay" for me to use the icon if i just
>> source it in from the original author's server than if i host a copy
>> on my own server? i'm guessing that the original author can have no
>>
>
> First, I would suggest simply contacting the author to see what he/she
> would
> like you to do.
>
> Second, sourcing it from the author's server could cause bandwidth problems
> there if you happen to get a lot of hits.  Irrespective of copyright, that
> may
> be a significant problem.
>
> peabo
>
> _______________________________________________
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