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	<title>Comments on: Which Microstock Websites have the Biggest Thumbnails?</title>
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	<link>http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html</link>
	<description>For People Selling Photos Online</description>
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		<title>By: Lee Torrens</title>
		<link>http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html/comment-page-1#comment-110562</link>
		<dc:creator>Lee Torrens</dc:creator>
		<pubDate>Mon, 18 Jul 2011 16:14:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html#comment-110562</guid>
		<description>Hi Jan, 

Thanks for coming back and explaining. Your concerns are admirable, and I appreciate your explanation that you didn&#039;t intent to sound threatening. It&#039;s true that most readers won&#039;t have the same background understanding of those of us who work in the industry, but it&#039;s also difficult to try to explain those concepts in every post where I use or talk about thumbnails.

Thanks again for your comments. 

-Lee</description>
		<content:encoded><![CDATA[<p>Hi Jan, </p>
<p>Thanks for coming back and explaining. Your concerns are admirable, and I appreciate your explanation that you didn&#8217;t intent to sound threatening. It&#8217;s true that most readers won&#8217;t have the same background understanding of those of us who work in the industry, but it&#8217;s also difficult to try to explain those concepts in every post where I use or talk about thumbnails.</p>
<p>Thanks again for your comments. </p>
<p>-Lee</p>
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		<title>By: Jan</title>
		<link>http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html/comment-page-1#comment-110557</link>
		<dc:creator>Jan</dc:creator>
		<pubDate>Mon, 18 Jul 2011 15:48:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html#comment-110557</guid>
		<description>Thank you Lee for the wider angle of view on this topic - you are right,it is more complicated than it looks like. My concern was, that majority of readers do not have the insights as you do, so they might misunderstand your article as: &quot;let&#039;s use thumbnails for whatever purpose...&quot; You did not mention in your article that you are talking about your own images, and about editorial use only, thet&#039;s why i got concerned about impact of your words... I did not want to threten you - sorry if it sounded like that. Take care. Jan</description>
		<content:encoded><![CDATA[<p>Thank you Lee for the wider angle of view on this topic &#8211; you are right,it is more complicated than it looks like. My concern was, that majority of readers do not have the insights as you do, so they might misunderstand your article as: &#8220;let&#8217;s use thumbnails for whatever purpose&#8230;&#8221; You did not mention in your article that you are talking about your own images, and about editorial use only, thet&#8217;s why i got concerned about impact of your words&#8230; I did not want to threten you &#8211; sorry if it sounded like that. Take care. Jan</p>
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		<title>By: Lee Torrens</title>
		<link>http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html/comment-page-1#comment-110551</link>
		<dc:creator>Lee Torrens</dc:creator>
		<pubDate>Mon, 18 Jul 2011 14:49:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html#comment-110551</guid>
		<description>Hi Jan. Thanks for your concern, but you&#039;re missing some crucial information about the legality of use of thumbnails. My use of thumbnails here is not illegal. 

First, the agreements of the microstock agencies prohibit use of the original (un-watermarked) files and the watermarked previews. They do not prohibit use of the thumbnails, and many even encourage it when used to promote their services. 

Second, there are &quot;Fair Use&quot; laws which mean using portions of content in a reasonable manner is not in breach of copyright laws. There are multiple precedents which cite the use of thumbnail images as falling within Fair Use. 

Third, my use here is editorial. I&#039;m not using the thumbnails on a product, an ad or to promote a service, so my use is not commercial. 

Fourth, the agencies are all very happy for me to use their thumbnails in this context. I know them all personally, and work with them very closely.  I know for a fact that they prefer that I use the thumbnail and include them in posts like this rather than just leave them out. 

Fifth, and I really want you to take notice of this one: I own the copyright of this image!!!  I even said that in the content of the post.  How can I run a risk of a lawsuit using my own images?

So thanks for your comment, but I suggest you educate yourself further before making such threatening statements.  You clearly have a long way to go before fully understanding this topic. 

-Lee</description>
		<content:encoded><![CDATA[<p>Hi Jan. Thanks for your concern, but you&#8217;re missing some crucial information about the legality of use of thumbnails. My use of thumbnails here is not illegal. </p>
<p>First, the agreements of the microstock agencies prohibit use of the original (un-watermarked) files and the watermarked previews. They do not prohibit use of the thumbnails, and many even encourage it when used to promote their services. </p>
<p>Second, there are &#8220;Fair Use&#8221; laws which mean using portions of content in a reasonable manner is not in breach of copyright laws. There are multiple precedents which cite the use of thumbnail images as falling within Fair Use. </p>
<p>Third, my use here is editorial. I&#8217;m not using the thumbnails on a product, an ad or to promote a service, so my use is not commercial. </p>
<p>Fourth, the agencies are all very happy for me to use their thumbnails in this context. I know them all personally, and work with them very closely.  I know for a fact that they prefer that I use the thumbnail and include them in posts like this rather than just leave them out. </p>
<p>Fifth, and I really want you to take notice of this one: I own the copyright of this image!!!  I even said that in the content of the post.  How can I run a risk of a lawsuit using my own images?</p>
<p>So thanks for your comment, but I suggest you educate yourself further before making such threatening statements.  You clearly have a long way to go before fully understanding this topic. </p>
<p>-Lee</p>
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		<title>By: Jan</title>
		<link>http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html/comment-page-1#comment-110540</link>
		<dc:creator>Jan</dc:creator>
		<pubDate>Mon, 18 Jul 2011 13:51:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.microstockdiaries.com/which-microstock-websites-have-the-biggest-thumbnails.html#comment-110540</guid>
		<description>Lee, using thumbnails of copyright protected images (without paying the license to use the image) is illegal. You put yourself into risk of lawsuit (- and your clients as well, if you use unlicensed thumbnail in some kind of work for them). Today there are several ways of tracking the use of image and you can bet sooner or later you will get into troubles... Yes, nothing can stop you from using the thumbnails illegally, but the risk is too high and those couple of buck that you spare will not be enough to cover the penalties from lawsuits... Rather play safe! Jan</description>
		<content:encoded><![CDATA[<p>Lee, using thumbnails of copyright protected images (without paying the license to use the image) is illegal. You put yourself into risk of lawsuit (- and your clients as well, if you use unlicensed thumbnail in some kind of work for them). Today there are several ways of tracking the use of image and you can bet sooner or later you will get into troubles&#8230; Yes, nothing can stop you from using the thumbnails illegally, but the risk is too high and those couple of buck that you spare will not be enough to cover the penalties from lawsuits&#8230; Rather play safe! Jan</p>
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