Hello, I want to consult a competent users of the forum. When you put a picture with copyright in your website, but from below image note which is the source and copyright owner, violate Is copyright? For example, this website http://www.hollywoodtuna.com/?p=121774 published photos, but below is written who is copyright owner. Thanks in advance.
It depends, but mostly "no". If the image is in the public domain, you can use it without attribution. If not, you are supposed to find the original source and see what the usage rights are - generally speaking, you have to pay to use an image. There are situations where you can use an image in return for attribution (etc.), but they are mostly dependent on the original owner using a Creative Commons license or a similar release. There are other setups, of course, for press sites and the like, and stock photo usage - but they require paid licenses such as the Associated Press Images License.
The best bet in this situation is to ask for permission. It's better to check the terms of the source (can usually be found at the bottom of the page).
OP, please check if this helps - http://lifehacker.com/5992419/the-best-ways-to-be-sure-youre-legally-using-online-photos. But I mostly agree with @WLEadmin and @Alex Toll. Check the usage rights first which depend on the license and its version involved. NEVER use any content without its author's explicit or written permission. Simply crediting the author doesn't mean you can use his/her content. Your domain will be taken down if someone shoots a DMCA at you.
Yes, this is a very delicate case. Yesterday, I really read much about it, I found also lifehacker article, and this article http://www.roniloren.com/blog/2012/...can-get-sued-for-using-pics-on-your-blog.html From that article I saw the link on Creative Commons http://search.creativecommons.org/ . What do you think of the pictures found in this link search.creativecommons.org , whether they are in Google, or Flickr ? Am I insured in some way, if one author send request to the DMCA to me, so I'm using a picture, and it actually appears that is in public domain for use for commercial purposes? Thank you, guys! In addition to the previous post, I find more and more many visits sites that are insured with a text like this http://perezhilton.com/copyright-statement#.VI6rOCusVAA
That doesn't protect a site, at all. Ignorance is not an excuse, in law, so saying "I didn't know" is not a legitimate defence. That statement is like saying "Sorry I stole your car, but it was on a public street, so I figured it was public property." Just because something is easily available online does not mean it's in the public domain, and you can still be DMCA'ed, sued, or otherwise attacked. Admittedly, most people will contact and ask you to take stuff down, rather than attack you legally, but that's no guarantee of safety. The Creative Commons search is really neat, since it filters for stuff that should have a CC license. But read the text in the bottom left: "Do not assume that the results displayed in this search portal are under a CC license. You should always verify that the work is actually under a CC license by following the link. Since there is no registration to use a CC license, CC has no way to determine what has and hasn't been placed under the terms of a CC license. If you are in doubt you should contact the copyright holder directly, or try to contact the site where you found the content." In other words, it's a great starting point, but check before you copy anything. And remember that there are a LOT of different CC licenses, so make sure the image you want has the right one.
I think everyone has covered most of the pertinent points thus far. I'd like to add one other thing - be very careful with public domain or attribution-only CC licenses. Some wallpapers sites, image aggregators and even stock photo companies sometimes intentionally declare false licensing statuses on images. In addition, there are opportunists who resell copyrighted images at stock photos websites under their own name and licensing terms. If the original copyright holders decide to enforce their right, you could be penalized as well - even if you had purchased the offending image. At times, smaller websites grow emboldened by the lack of enforcement and become more brazen with their copyright violations. However, owing to the high number of copyright infringements online, copyright holders usually only pursue action against well established sites that can afford to pay any ensuing penalties. So once a site becomes reasonably successful, all the early copyright infringements could come back to haunt them.