are unwatermarked photos free for commercial use?

Discussion in 'Legal Issues' started by danielspencer2, Mar 13, 2007.

  1. #1
    are unwatermarked photos free for commercial use? if the photo doesn't
    have a copyright or photographers name on it,can u use these photos on
    a website with adsense?

    For example look at this website:


    http://www.myspacenow.com/celebritypictures.shtml


    The photos on there do not have a watermark AND if u read at the
    bottom of the page it says this:


    All images are copyright of their respected owners.


    So does that mean anyone can use unwatermarked photos on their blog,as
    long as they say this: "All images are copyright of their respected
    owners."?????????????????
     
    danielspencer2, Mar 13, 2007 IP
  2. jhmattern

    jhmattern Illustrious Member

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    #2
    Absolutely not! Crediting someone does not in any way give you the right to violate their copyright on their images or anything else. Saying images are copyright to their respected owners doesn't mean that the blogger doesn't have permission to use them. It just means that they're not claiming copyright themselves, and saying that they don't have permission to grant you or anyone else the use of those images.
     
    jhmattern, Mar 13, 2007 IP
  3. danielspencer2

    danielspencer2 Peon

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    #3
    so if the blogger it just saying they are NOT claiming copyright themselves,does that mean they can use the images on their adsense blog?

    So where do people get these publicity photos from? Where can u buy say 1000+ photos of celebrities that u can use on your adsense website?


     
    danielspencer2, Mar 13, 2007 IP
  4. fr0gman

    fr0gman Peon

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    #4
    There is a very think line in coyyright issues called "fair use". If the images, especially of celebrities, as use for news, education or research then that use has safe harbor.

    This is the way that Mr. Skin has been able to skirt the law for years. "His" content is presented as "news".
     
    fr0gman, Mar 13, 2007 IP
  5. danielspencer2

    danielspencer2 Peon

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    #5
    so if u get issued with a DMCA takedown notice,all u have to do is takedown the copyrighted photo straight away and you won't be charged right?
     
    danielspencer2, Mar 13, 2007 IP
  6. jhmattern

    jhmattern Illustrious Member

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    #6
    Ummmm no. You can be sued for copyright infringement w/o the copyright holder sending you notice to remove it. Or, you could simply be sent a large bill by the copyright holder for using their image. Or, they could send a cease and desist notice. Or, they could report it to your host. There's not just one way you could be dealt with, and it depends entirely on the copyright holder's whim.
     
    jhmattern, Mar 13, 2007 IP
  7. kevinn

    kevinn Active Member

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    #7
    If there was no price on a product, does it mean its free?
     
    kevinn, Mar 14, 2007 IP
    jhmattern likes this.
  8. Crusader

    Crusader Peon

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    #8
    The lack of a copyright notice/watermark does not mean that you can use the image without obtaining the copyright holder's permission. You may only use images you have obtained permission to use or images that are in the public domain (being on the Web doesn't mean it's public domain).

    Fair use, is a very risky wall to try to hide behind. Your definition of fair use might not be the same as those of the copyright holder. In general fair use could entail using a small thumbnail or part of the image, NOT the complete image, even if it is for news purposes.

    Many of these images are sold for premiums to sites/magazines as exclusive images... if you copy it from them, they will definitely not be impressed.
    There are also various other issues involved e.g right of privacy etc.

    Read this and also to a search on celeb pictures in this forum. There have been many similar discussions including ones pointing to sources where you can buy celeb pictures.
     
    Crusader, Mar 14, 2007 IP