You Stole My Poster

I recently noticed that this group on Facebook is using the poster I created during finals last semester. The law student in me wonders about them using it without my permission. The blogger/smartass/genius demotivational-poster maker in me is flattered.

If the LawBitches are noticed on Facebook does that mean that we've made it?


Mark said...

shouldn't it be "make you want to drive a nail through your head"? finals is plural

Guy Fawkes said...

Even if you have an unregistered copyright to that image, it could still be a fair use under the Copyright Act of 1976.

Since the original image and the taking are both for non-commercial uses, a court would likely find that the use doesn't cause any potential market harm to the original or likely derivative works. Then again, since they pretty much stole the image without altering it at all, the purpose and character of the use (the first fair use factor) is pretty much to avoid creating anything original.

I'm not trying to be a smartass...the fair use provision of the Copyright Act was the basis of our moot court problem this semester, and I feel a strange compulsion to spot fair uses everywhere. Fucking law school.