There has been some discussion of late about what constitutes the legal use of photos in Xombytes and Xomblurbs, especially given the popularity of Vanessa Hudgens and other celebrities. Under the laws of the United States, photos found on the Internet are generally put into one of two categories: fair use and copyrighted.

Under "fair use", the law recognizes that photos whose copyright has expired (before 1922) and photos pulled from websites which explicitly allow for free use of its photos for whatever use.

Under "copyrighted", the law recognizes the right of the website and/or taker of the photographs to designate use of the photos. Sometimes the copyright notice will be found next to or on each photo that is posted or there will be a general copyright notice at the bottom of each webpage or just on the homepage.

Copyrighted photos, given that they belong to someone else, are not legally allowed to be posted on other websites, including those like Xomba, where the users of this website submit Xombytes and Xomblurbs for profit. Ignoring copyright laws can subject the user and the website to legal action.

How are we supposed to know the difference on what we find on the Internet, especially if we are not from the U.S. or haven't written for the Internet before? I have linked an article written for the benefit of teaching staff in schools about what constitutes copyrighted photos found on the Internet--things students might use for stories and term papers. After reading it myself, it is very appropriate here. The nice thing about it is it gives examples.

This is not my website, true, but I am part of the Xomba community--as are we all--and each of us has a responsibility to ensure that Xomba is not left open to lawsuits and other legal action due to our own actions.

Keep in mind that Xomba's own TOS prohibits plagiarism from other websites, so it doesn't matter whether the plagiarized work is a photo or text--it's still stealing.