Q: are gifs of an animated tv show protected under copyright laws?
i make gifs for a tv show that i like and i ask people not to repost them since it takes a lot of effort to make and edit. i understand that doesn't compare to the effort it takes to create the show and that i have no claim to the show. from my understanding, gifs are considered fair use, but also there aren't any cases to go into depth about this subject. would it be considered plagiarism/a copyright violation if someone were to save and repost my gif without asking and properly crediting me for making it? while i may not take legal action, I'm curious about if gifs count as a "graphic work" to be protected under copyright (via circular 1 on copyright dot gov)
A: First, don't be STUPID, just because you ask someone to not repost or resend your GIF does not put them under any obligation to comply. I don't know where you got your "understanding" about fair use, but what you say does not come within my understanding of "fair use" and IMO is probably a violation of copyright law. You are not using it for any legitimate EDUCATIONAL use, it is for entertainment, and that could constitute a violation. The shows and the GIFs are both subject to copyright protection. Cf: Comerica Bank & Trust, N.A. v. Habib and Brammer v. Violent Hues Productions, LLC. Particularly in the latter, you don't have to have a monetary reward for the posting in order to commit an infringement or fair use violation.
Look at your facts, you admit "the effort it takes to create the show and that i have no claim to the show" but you are taking the creative and artistic work and using it without a license to do so, to create your own version of an artistic work. That can be infringement.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.