Someone threatening to sue me for stealing their data

[RalIy]

Hi,

Reposting this here from AIBU.

I found some interesting data. I took a screenshot and included it in a blog. I credited the source where I found it.

The person who apparently originally came up from the data has emailed me threatening to sue me for using it without their permission or alternatively said I can pay them £1,000.

This has freaked me out slightly. Did I break the law here? I figured if it was in the public domain and I credited it, then that was all that was needed??

I have since realised I could have actually easily reproduced it myself using government data. Not sure if that makes a difference.

It has been taken down but the person is still angry and demanding compensation.

You've taken it down when asked.

You weren't selling it, they weren't selling it (? assuming).

I think they'd struggle to get damages awarded - what would they be compensated for?

But yeah, don't do that. Attribution isn't enough to reuse someone's work without their permission.

Attribution isn't enough to reuse someone's work without their permission.

That completely depends on context. Data, in and of itself, isn't copyrightable, patentable or trademarkable.

On what basis are the claiming you've breached their rights, OP? What was the data and where did you get it.

So, it is government/ONS data but this person combined two sources and formatted in a specific way. It was posted on Twitter originally, but has also been cited in a few papers and a news article. I don’t want to make myself too identifiable by saying exactly what it is.

The formatting is their work and in your screenshot you've taken their work without permission so you were right to remove it (link next time or format it yourself).

I still don't think they'll get any money out of you.

Don't pay anyone anything.

@ditalini I did link it. They say it’s because I didn’t ask permission and did not take it down quickly enough (2 days).

No, I mean don't take a screenshot (a thumbnail / partial image just as an illustration for your blog might be ok) of the work, just describe/discuss and link to the original.

Posting a link to their work is fine. Taking a screenshot or downloading the image and posting it on your blog is not. That is a breach of copyright. The fact they have placed it on their website does not put it in the public domain as far as copyright law is concerned. Giving them a credit is not enough. You needed to get their permission before using the image. They may have given permission to use it for free or they may have wanted a fee. If they choose to take you to court they will be able to recover damages from you. Whether it will be as much as they are claiming I can't comment.

That's really interesting, thanks.

OP once says link and on e says screenshot, so it's not clear.

Isn't this a repeat thread ?

@midgetastic

Second line of the OP:

Reposting this here from AIBU

RTFT.

It won’t just be a matter of whether the OP was using the material for profit. The OP could have caused damage by using the data in a way that discredited or undermined the owner of the material.

From the point of view of copyright law, it doesn't matter if OP was using the material for profit or whether she discredited or undermined the owner. Those things may affect the level of damages awarded if this goes to court, but the absence of these things doesn't mean there will be no damages. It is quite simple. If OP has posted a screenshot of the other person's work without permission, she has breached their copyright. The copyright owner is therefore entitled to seek damages from her.