"Borrowed" Photo

Discussion in 'Legal Issues' started by bschneider5, Sep 16, 2005.

  1. #1
    I started a new website, and it contains a lot about football and the nfl. However, I "used" a hot from ESPN or one of those other sports sites. Is this permitted as long as I copy the photo onto my own server? Also there was some issue about team logos. If anyone can help me that would be great!
     
    bschneider5, Sep 16, 2005 IP
  2. yfs1

    yfs1 User Title Not Found

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    #2
    No, you cannot legaly use that photo if its the property of ESPN (isn't public domain)

    It doesn't matter what server it is on

    They may not own it themselves, they may be paying royalties to someone else (in which case you still couldn't use it)
    I would get your own photo from one of the many free sites that allow it.
     
    yfs1, Sep 16, 2005 IP
  3. bschneider5

    bschneider5 Active Member

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    #3
    OK, thanks! Regarding the same site, the site name contains the words NFL and Superbowl. Are there any copyright infringements with this?
     
    bschneider5, Sep 16, 2005 IP
  4. Old Welsh Guy

    Old Welsh Guy Notable Member

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    #4
    Some people are firecly protective of their brands, and some of the images may not be owned by them.

    A perfect example of this is my rugby site, and the BBC. as on any forum, people post copyrighted material from other sites. Most put up with this as long as the original site is quoted as the source (after all this is what the web is about). I contacted the BBC about this, and they told me they were more than happy, in fact overjoyed we were using their stuff, but NO WAY could we use the BBC logo even in the link!!!

    With regard the photgraphs on the site they told me that these were owned by two other photographers and I contacted them. One told me he would sue my arse if I used any of his photographs, while the second was overjoyed as long as I didn't crop them or manipulate them, and sourced them as his.

    Be carefull with what your doing, as it can be a minefield.
     
    Old Welsh Guy, Sep 16, 2005 IP
  5. Cartman

    Cartman Active Member

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    #5
    I know team logos are a big no-no, you're just asking for a cease-and-desist.. Are you saying the domain name contains the words NFL and Superbowl? If so, that may pose a problem, but if you're just mentioning it on your site, that's ok.

    What's your site? Maybe we can link to each other.
     
    Cartman, Sep 16, 2005 IP
  6. bschneider5

    bschneider5 Active Member

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    #6
    The site is www.nfl-superbowl.net I know now that I need to do something about the photos, and am currently working on it. Why is the name a problem?
     
    bschneider5, Sep 16, 2005 IP
  7. Old Welsh Guy

    Old Welsh Guy Notable Member

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    #7
    The name is a problem because they are probably registered trademarks in just the same as you would have trouble with a shopping site called 'walmart-shopping.com .
     
    Old Welsh Guy, Sep 16, 2005 IP
  8. nevetS

    nevetS Evolving Dragon

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    #8
    superbowl will be a problem for you. The NFL really protects that name. Disney isn't even allowed to use it - they have radio stations out here that host a lot of superbowl parties and since they won't pay royalties, they are forced to call them "Big Game" parties or something similar.

    The NFL is very protective about a lot of their trademarks - if you gain any sizeable user base you are sure to run into problems if you don't either a) be very careful about avoiding trademark infringement or b) put together an agreement with them.

    They are probably the sports league with the strongest understanding of what their intellectual property is and the most restrictive about it's use.
     
    nevetS, Sep 16, 2005 IP
  9. uca

    uca Well-Known Member

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    #9
    If you were wondering, hot-linking the photos only makes matters worse, ase you would be stealing bandwidth as well.

    The world of NFL et similia is a dangerous minefield, with all the money involved.
    Be careful with everything that's not your own or you might end up in the red for legal costs.

    At least ask, it costs nothing and it will give you an idea.

    Definetely look hard into finding alternative graphics and wordage, then, if agreed you could pay for just a few that you feel are absolutely necessary, and at least for a little while, and see from there.

    Good luck!
     
    uca, Sep 17, 2005 IP