Board Thread:General Nerf discussion/@comment-26431461-20191004212909/@comment-27306930-20191005041220

Okay, this is a little complicated, so I'll try to dumb it down. If someone posts an image in a publicly accessible site on the internet, and doesn't explicitly claim ownership or prohibit reproduction of the image, then it's considered "Fair Use". Unless you're trying to make a profit from it.

Photobucket is clear that they don't own any copyrights. However, if you are attempting to profit from the sale or distribution of an image from Photobucket, then it's incumbent on you to determine if the image belongs to someone else, whether it was publicly displayed, or not expressly copyrighted. In other words, the burden is on you to make sure the image is actually Fair Use if you're trying to profit from it.

Simple, right. So how does this affect FLAT ?

Since FLATtheFISH is NOT posting articles on the Nerf Wiki for profit (as far as we know) he can post any pictures he finds in public places on the web or in real life, as long as the owner hasn't prohibited it. Additionally, Langley posted those images with Email, IM, HTML, IMG, and URL links to the images with no explicit claims to ownership or copyright limitations. As far as we know, a friend of his cousin's ex-girlfriend took those photos. The fact that Langley openly provided links to the images also implies they are not for his private use.

And even if they were private, FLAT is posting an op-ed. It's protected speech under his First Amendment rights. He can repost those images and say whatever he wants about them as long as Flat credits them properly. Here in the USA anyway. You foreigners are on your own. Good luck 😉

P.S.  If you're interested, here's a good site that explains Fair Use