“Please note that Tumblr has a strict policy against repeat infringement,” the Tumblr email continued. “Should you be subject to repeat uncontested copyright infringement notifications, your Tumblr account may be terminated.”
Nuttycombe responded: “I protest completely and immediately! My post was satire, which is protected speech. I took famous images and applied transformative changes to them to make an editorial comment, which is the standard by which Fair-Use is judged. That my post was linked to from Jim Romenesko’s journalism site, as well as Gizmodo and Huffington Post is a sign that its message was understood clearly. Please tell me who or whom my accuser[s] are, and please reinstate my post.”
He tells Romenesko readers:
I’m fairly shocked that the Tumblr people (or more likely ‘bots) or whoever is claiming infringement don’t see my post as clear satire — comedy, parody, call it what you will. I didn’t consider my use of the images different than the graphics that Colbert and The Daily Show use every night to illustrate their stories.
I was using Tumblr to post my fleeting comic takes on pop-culture that I didn’t want to clutter up my “professional” site. Do I have to go to Blogger now?
Then again, as a friend in the copyright business said, “Fair Use is a defense in court, not a right.”