Linked by Thom Holwerda on Tue 27th Jun 2017 09:13 UTC
Legal

Cyrus Farivar, for Ars:

An architecture blogger has temporarily disabled her website, McMansionHell.com, after receiving a demand letter from Zillow and posting it on Twitter.

On Monday, Zillow threatened to sue Kate Wagner, saying that that she was violating its terms of use, copyright law, and possibly the Computer Fraud and Abuse Act because she took images from the company's website without permission. However, on each of her posts, she acknowledged that the images came from Zillow and were posted under the fair use doctrine, as she was providing (often humorous) commentary on various architectural styles. Her website was featured on the design podcast 99% Invisible in October 2016.

Confusingly, Zillow does not even own the images in question. Instead, Zillow licenses them from the rights holders. As such, it remains unclear why the company would have standing to bring a lawsuit against Wagner.

Her website is incredibly entertaining, and you'd think such use of photos falls squarely under fair use. It sucks that she had to shutdown her website, and I'm hoping Zillow loses this case hard.

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RE[2]: fair use vs plagiarism
by sj87 on Tue 27th Jun 2017 10:12 UTC in reply to "RE: fair use vs plagiarism"
sj87
Member since:
2007-12-16

Edit: in this case there is obviously no plagiarism taking place.

Obvious not plagiarism as the source was identified, but I wonder if 'fair use' would cover extensive, even professional-level, copying of someone else's work.

It is one thing to create a parody out of one or two or three pieces, but here it seems that the sole purpose of existence for mcmansionhell.com was to copy Zillow's content and re-publish it in a slightly different context for their own profit.

Edited 2017-06-27 10:13 UTC

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