Avatars.  

In Blogspeak, Avatars are small images that appear at the top of the blog and serve as a representation of the blogger or the blogger's interests.

Avatars permit bloggers to post either a personal photograph or an alternative, representative image. Two very nice examples of thematic and representational avatars can be found here at HomeschoolBlogger.  MelM uses a very nice picture of a red butterfly and Gena Suarez (aka TOSPUBLISHER) uses a hand-drawn portrait.

But avatars also present a dangerous opportunity for copyright infringement.  Many bloggers use avatars downloaded or "lifted" from the Internet without considering the potential legal implications of their actions.

Images, like written words, are protected by copyright law, whether or not they carry the "copyright" symbol or other formal copyright notice.  Use of a protected image without the permission of the copyright holder is infringement, an illegal act.  More importantly, placing a citation or attribution on the image (such as "photo taken from www.websiteid.com") does not solve the problem because taking an entire image for use on a personal website is not likely to fall within the fair use doctrine.

As we previously discussed, infringement carries liability (and often an award of monetary damages to the copyright holder) even if the infringer did not know his (or her) actions were illegal. 

What is a legally acceptable avatar?

- An image the blogger owns or has a legal right to use (personal photographs or other images used with the specific permission of the artist or photographer)

- An image taken from a website that grants permission for duplication and reproduction of images, provided the images are used in accordance with any posted terms of use.   

- An image on which the copyright has expired (also known as an image in the public domain).  Be careful: the public domain is tricky when applied to images.  Although any copyright on the Sistine Chapel ceiling itself would be long expired, photographers who take pictures of the ceiling still hold the copyright on their photographs  - meaning that the photographs may not be used without permission. 

Confusing?  Here's an easier rule:  photographs of works created before the invention of the camera are probably subject to copyright. 

And an even easier one:  Check with the creator, photographer or artist before using an image taken from the Internet, unless the website grants specific permission for reproduction and use.

Don't make your avatar a defendant.