One site offer download many images but in that site haven't any terms. When I asked: Is this really free? They answered: Yes it is, our website is absolutely free. Their images has watermark. Can i download them to my computer, using Photoshop edit - remove watermark to use for my site?
As Johnny says, here's where this belongs, the legal section... http://forums.digitalpoint.com/forumdisplay.php?f=44
So... as I understood it. There website does not have any ToS or any other policy stating that you may not use this without there accept. So you sent a message to them and they told you "you can use it, if you just dont remove our watermark". But you dont want there watermark, so because they dont have written any thing about not using there images, you think "hey, maybe I can use the images without their watermark, cause there is nothing in their website about it." But you have small cohones, so before you have the guts to do it, you need a little backing up from forum users who, you hope says "just take the images and do what you want with them, the website cant do a thing, just screw them!" Have I understood it correctly ? If not then please correct me Best regards...
I guess it is ok to take things from shops too because they dont have a sign up saying you cannot steal from them?
Ok, the question is value - "is it really free" could mean is the site free to use not are you free to use the images. Everything that is created is automatically copyrighted, unless they explicitly state that they are transferring the copyright to you or that they have waived their rights are you then free to do what you want with them. If it doesnt explicitly state this then they retain the copyright and any modifications or use would need either to be within their terms and conditions or by explicit consent. This assumes of cause that they do actually own the copyright, if they have stolen the images themselves then they cannot give you the right to use or do anything to them and if the true owner of the images found them on your site they could sue you for breach of copyright (though you could try calling the site you got them from as co-defendants).
Sorry, my english is not good to understand all very good things you told. But, in short: Can I use their images for my site? Yes or No?
Yes, you can use the images if they say that it is free... If they have a TOS regarding removing the watermark, don't remove the water mark. If there is no TOS (make sure you check first), it should be okay to do so. SGFB
I think because of your poor english, when you asked them "is this free" the webmaster thought you ment the website and told you "Yes it is, our website is absolutely free." Read carefully "...our website is absolutely free", they dont say our content are free to use, nope, they are saying yes you can surf around and look at our images, download them if you want. This dont mean "yes please just download and take the watermark away, cause it was only for fun, we put them there in the first place". If I was you I would ask them again, if your not good at english then use following: -----------Copy this and past it to the e-mail and ask them again: Hi, I have visiting your website regularly and like it very much. I would like to ask you if it is allright to remove your watermark from the images and use them in my own website. I look forward to hear from you. Best regards... ----------------THE END If the say yes to that, then its fine, but I dont think they just for the fun of it put their watermark on the images. The reason with wartermark in the first place is to secure ones images Best regards to you and good luck...
Nice comment. I also have a good laugh at some of the posts made here and wonder if the world really has gone mad.
You need to ask the website owner, not us. When you asked if their site was free and they said that it was it does not mean that you can use the images on your website or alter them. It just means they do not charge a fee for you to get them.
I hope you all where realizing that what I wrote up there was in irony/trying to sound funny, I am in no way supporting, that he should just use the images without asking the website in mention.
These discussions I find entertaining. Simple fix. A disclaimer notice stating that your content is copyrighted by its owners so if any he/she might contact you to remove or credit such work properly. If they do contact you, then you remove it in 24-48 hours. The end. Case in point, Rapidshare.
A disclaimer in and of itself offers little to no legal protection from copyright infringement. Particularly in this case where the content would be generated by the website owner and not users.
Right. I would like to know your first hand experience dealing with this issues directly.. Now, as I was saying. Rapidshare, Youtube, Google and just about any webmaster with some sense will remove any 'infringement' as soon as they are contacted. Most of the time, at the latest 48 hours. I have been on both sides of this issue in dealing with Google, Youtube, Rapidshare, MegaUpload, etc. (getting my stuff removed). As well as removing stuff when contacted by someone. Right. A simple disclaimer will not protect you 100%. However, and feel free to ask most people who have had direct dealing WITH this, you 'may' get contacted at some point, and as long as you remove it you'll be fine. Most are not going to waste time trying to haul you into court unless you taunt them (like Pirate Bay), refuse to remove it, or keep ignoring them. They will ask you remove it, and you do not repost it. The end.