So I have been reading all the copywrite info about images ect. I know there are tons of artist out there that have free to use, then there are the paid to use artist. I have been doing alot of surfing the myspace graphics/layout sites. For the most part it seems that most of the sites are the same, with the same images/layouts just passed around. Sure you find some stuff that is different but not alot. My question is, these sites have alot of layouts of actors, singers, sports images ect. They are getting their images from pics on the web ect right? So because they are not selling these images, they are providing them for fans to use, its ok or are they using images that are free to use from somewhere?
No. It is YOUR obligation as a website owner to make sure EVERY photo used on your site has had the copyright owner give permission for use on YOUR site. Even if you hire a web designer and they use a picture with permission, and then tell you they have permission - It's you, as the site owner, which is going to be responsible for paying a usage fee (or being sued) in the event they really didn't have permission. 99% of the time, the actor or celebrity does not even own the image. The rights belong to the photographer - which is who will come after you. Get permission for every photo or illustration you put on your site. The minute you put an image on your site, the liability is created. There is nothing that requires anyone to give you a take down notice before they demand a usage fee (thousands of dollars per image are not uncommon) - and saying "you didn't know" isn't going to get you off the hook for paying.
Yea I understand that but then how are these myspace sites getting away with all the images they post? They have disney, betty boop, fantasy pics from artist ect.
Lots of people rob banks, that doesn't make it legal. Just because not everyone gets caught, it doesn't mean you should also do it. A myspace page also usually isn't considered a commercial site for the individual, so it isn't going to be a high priority like a stand alone website. There are also instances where non-commercial sites (no form of advertising or revenue) can use images under Fair Use.
No the actually sites that host 1000s of graphics and layouts do advertising such as google ect, but they do not sell any images. They also state in there TOS that all the images hosted belong to the owners ect. Go surf a few myspace websites, not the myspace sites,if you never have and you will see what i mean. I am just wondering if they fall under the Fair Use.
That type of disclaimer isn't worth anything. It certainly does not fall under fair use. I understand there are thousands of sites stealing images. If you want to take the risk, go ahead. Under no circumstances is it legal unless they have obtained permission. Just like child porn, there are probably thousands of sites, but none of them are operating legally. Those other sites either purchased or obtained usage rights, or they are stealing and a) hope they don't get caught b) don't know better (not a legal defense) c) have a net worth which when combined with a quarter, couldn't buy a cup of coffee - so they think they have nothing to lose. Copyright infringement can actual be a criminal charge and in extreme cases, people have gone to jail for several years.