Website and Copyright

[Essence]

Hi there,

Can you please advise me? I'm helping a colleague set up a website of information about his home country. He has extracted images from other websites to use on his own. He doesn't want to infringe any copyright laws, but is not in a position to get down there to take his own photos until next year.

He has asked permission of all the image owners, but responses tend to be dead slow or non-existent (the Internet has not yet taken off in a big way there).

I suggested that under each image, he states something like "Image courtesy of Blah-de-Blah, Inc."

Would this make it OK to proceed with displaying the images, while staying within the copyright laws? Please let me know what you think?

Thanks all!

 

[buying_it]

Providing the credits are displayed prominently he should be okay - however he does need to make sure that he has at least asked permission from the originating site.

If the originating site asks for him to remove it he will need alternative image options ready to switch to.

Andy

 

[Essence]

Thank you so much Andy, much appreciated. It reinforces what I had suspected, so glad to know that I'm a little in the know!

 

[Eagle]

I'd say that adding credits is not ok. It's still copyright theft. You really should seek permission first.

Having said that, all that is likely to happen is that you'll get a C&D (cease and desist) letter from a lawyer/solicitor but it's best not to go down that road in the first place. Best to remain professional and source images which you own the copyright on (or licence to)...

 

[epiphany]

Legally it's wrong Will he get caught, probably not. That's the truth of the matter

 

[buying_it]

From a strictly legal point of view I agree. It is breaking the law.

However if you make best efforts to contact people and and then credit the original source you are at least 'trying' to be above board.

Once Essences' client is able to take their own pictures the issue will go away.

Small Businesses often have to take shortcuts through the mud when they are getting going.

Should we run a poll on how many of us running a business have no illegal software on their PCs' at all? ;-)

Andy

 

[Essence]

From a strictly legal point of view I agree. It is breaking the law.

However if you make best efforts to contact people and and then credit the original source you are at least 'trying' to be above board.

Once Essences' client is able to take their own pictures the issue will go away.

Small Businesses often have to take shortcuts through the mud when they are getting going.

Should we run a poll on how many of us running a business have no illegal software on their PCs' at all? ;-)

Andy

:lol: :lol: :lol: :wink:

 

[Desmond Brambley]

:roll: :wink:

 

[Webstuff]

What sort of images is your friend looking for? Maybe people here know of alternative image sources....

 

[Desmond Brambley]

Ask us! We can provide images, very cheaply, and quickly.

 

[buying_it]

From the topic starter -

Hi there,
I'm helping a colleague set up a website of information about his home country. He has extracted images from other websites ...

I think the right questions might be:

1, Which country is it?
2, How do you go about royalty free pictures of country X?

Desmond, how good is your international portfolio?

There are lots of sites that offer cheap/free pictures - but they very rarely carry pictures of specific countries.

Might be worth hunting down the sites where amature photographers post their holiday snaps - most would be happy to share their work for a credit on a commercial site.

I shudder to think about wading through all the bad ones though!

Andy

 

[Essence]

Hi all,

The country was Slovakia. In fact Andy, he did as you said and hunted around for amateur photographers posting their travel photos on the Internet, and was fortunate enough to find someone this week who is a regular visitor to the country, and is willing to share his photos. So he should be good to go!

I'm glad I asked you all about the copyright issue, as I would not have wanted him to get into grief over it.

Thank you all for all your help. It was greatly appreciated, not just by me.

Regards...
Essence.

 

[VeryMark]

Sorry I missed your earlier posts - copying is always infringement generally speaking if you haven't got permission, and Andy's post is a little shortsighted, I'm afraid - you might be able to change quickly if challenged but would you want to pay damages for past infringement going back over what might be quite a time?

 

[mdarwish01]

I have seen some companies, where the say that

"although every effort has been made to track down the original owners, some efforts have failed, we would be more than happy to give credit to any original owners"

Or words to that effect. I don't know the exact wording

I hope this helps

 

[VeryMark]

Apologising before you commit a crime does not absolve you of the offence, I'm afraid.

 

[kyber]

This is a "simple" risks/ethics decision.

Copyright infringement is a criminal offense in some countries and a civil offense in others. Going ahead because you have not heard back from the copyright holder offers very little protection. Generally ignorance is no defence but the very fact you tried to contact the copyright holder demonstrates you are not ignorant. Different judges will take different views on this.

There are a large number of sites offering royalty free or low cost licensing for images and also a large number of amateur photographers and graphics artists easily identifiable on the net where you could turn for help.

Personally, I would advise only using material you can get licensed.

Stuart

 

[Asteeleleith]

Hi all
just to clarify, you do own the copyright on any photos you, yourself take don't you?
I took some from the top of the london eye to use in my business, but i saw no reason to ask BA permission to use it as i took it?

Best Wishes

Alastair

 

[buying_it]

Actually copyright on photographs which include people or recognisable trade marks is even more complex.

here is a great link to walk you through some of the wonderfully confusing issues around image copyright:
http://www.istockphoto.com/tutorial_7.0_copyright.php

Simply put - if you can recognise a person in a photograph they need to have signed a model release form for you to use it commercially (even if it is a family holiday snap).

If you can recognise a trade marked symbol, phrase or logo - you need the permission of the trade mark owner to use the image.

So if you took a picture form the top of the London Eye and it happend to include a banner mentioning budweiser beer on one of the boats opposite the eye - you still don't own the copyright.

I just love copyright - such a friendly area of law At least we don't have to fight the DMCA yet :-D

Andy

 

[VeryMark]

Model release forms are not legally necessary in this country in order to use a person's image in a static photograph, unless it is someone who can claim that their inclusion implies some kind of product endorsement - like using Gary Lineker's image to sell football boots.

Incidental inclusion of another copyright or trade mark image is also ok.

However, if you are trying to benefit commercially from someone else's intellectual property, don't do it.

 

[Asteeleleith]

Ye gods thanks for that.
Thank Godi am not in that business

Alastair

 

[Eagle]

...So if you took a picture form the top of the London Eye and it happend to include a banner mentioning budweiser beer on one of the boats opposite the eye - you still don't own the copyright.

Not strictly true - you still own the copyright; you just can't use it commercially!

It's a nightmare, isn't it?!

 

[Asteeleleith]

It is a nightmare, you have to be so careful these days.

Alastair