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Photo from Facebook copyright

Discussion in 'Legal Issues' started by Dywaz, Mar 14, 2012.

  1. #1
    Hello. I want to use few photo from "Shakira Official Facebook Profile" or from "Madona Official Facebook Profile" for commercial purposes. It is legal or illegal? Maybe I can refer source of photo and everything would be legal? Need advice.
     
    Dywaz, Mar 14, 2012 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    If you didn't take the photo, you need express permission to use it. Crediting a source does not grant permission unless that is part of the agreement with the copyright holder.
     
    mjewel, Mar 14, 2012 IP
  3. Dywaz

    Dywaz Active Member

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    #3
    I want to take photo, and upload it to my server. If I will write "Photo from url" maybe it will be legal?
     
    Dywaz, Mar 14, 2012 IP
  4. browntwn

    browntwn Illustrious Member

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    #4
    Maybe you don't speak English well, because you seem to have ignored the post before your which answered both of your questions.

    "Take a photo" in the #2 post means the person who used a camera and "took" the photo personally. Not the person who copied from Facebook.

    And the act of "crediting a source" is the same as saying what url you stole it from. It will not give you a legal right to use the image.
     
    browntwn, Mar 14, 2012 IP
  5. Dywaz

    Dywaz Active Member

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    #5
    Thank you :) Yes I don't speak English very well :) So is there any solution?
     
    Dywaz, Mar 14, 2012 IP
  6. browntwn

    browntwn Illustrious Member

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    #6
    It really depends on what you are going to do with the image. Lots of people use celebrity images without permission and nothing happens, but there is always a risk when you use material you do not have a right to use. There are also many stories here about people getting bills for thousands of dollars for using Getty images on their websites. The right to use celebrity images is usually held by the photographer for general use like in a blog. If there is any indication the celebrity is endorsing something you would also need the celebrity to give give permission.
     
    browntwn, Mar 14, 2012 IP
  7. Dywaz

    Dywaz Active Member

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    #7
    if the photos don't have the photographer's name or trademark or copyright then i you can use it?
     
    Dywaz, Mar 15, 2012 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    What don't you understand? If you didn't take the photograph, you CAN'T USE IT WITHOUT PERMISSION. The photographs aren't yours, you can't steal them regardless of if their is a name or copyright symbol on it. Do you really think you can take something just because the owner didn't put their name on it?
     
    mjewel, Mar 15, 2012 IP
  9. Pitu

    Pitu Active Member

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    #9
    yes it will be illegal
    because the photo is not captured by you
    simple
     
    Pitu, Mar 28, 2012 IP
  10. lothos

    lothos Member

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    #10
    If you shoot the photo with your camera, you own the copyright and can do whatever you want with it. You didn't shoot this photo, so you cannot use it without permission. Ask for permission. If they give it, great. They might offer to "license" the photo to you, meaning you pay them money for permission to use the photo.

    If not, then yes it would be illegal for you to use the photo for commercial purposes.
     
    lothos, Mar 29, 2012 IP
  11. heavycat

    heavycat Greenhorn

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    #11
    IANAL.

    Under the Copyright Act of 1976, it's no longer necessary to post a notice of copyright for a photograph to be protected by copyright. The photograph is copyrighted the moment it is "fixed in a tangible medium" i.e. when it is taken.
     
    heavycat, Mar 30, 2012 IP