Image bookmarking -need help-

Discussion in 'Legal Issues' started by birdsq, Aug 31, 2007.

  1. #1
    Can we make a site to bookmark images ....
    And i need to display the bookmarked images .... when people search...
    Is this allowed
    Because images are copywrited:confused:
     
    birdsq, Aug 31, 2007 IP
  2. Crusader

    Crusader Peon

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    #2
    It depends on how exactly you want to go about doing this. If you follow the example by Google Images you should be relatively safe provided that you:

    • Offer a way for copyright holders to easily remove their images/prevent their images from being bookmarked.
    • Display only thumbnails of the images that link to the page that hosts the full image. (Not just linking to the full image)

    However, there's no guarantee that some copyright holders won't take offense and take legal action against your site. Google has had quite a few people trying to sue them, so keep that in mind.
     
    Crusader, Aug 31, 2007 IP
  3. birdsq

    birdsq Peon

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    #3
    I need to show full image not just the thumbnail
    And webmasters can easily remove their site .....
    So, the images containing that url will not be allowed
    Is this possible
    ?
     
    birdsq, Sep 1, 2007 IP
  4. Crusader

    Crusader Peon

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    #4
    In general only thumbnails are viewed as fair use, so if you show the full image directly (or in a frame) on your site that would be a copyright infringement. Regardless if you provide a way for site owners to remove their images/site. Unless you have permission from the specific site to use their full images you are violating the copyright.
     
    Crusader, Sep 1, 2007 IP
  5. birdsq

    birdsq Peon

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    #5
    Ok then the image hosting sites like flickr,photobucket,picasa,fotolog
    What about these sites?
    Will these allow me to show full image ?
     
    birdsq, Sep 1, 2007 IP
  6. Crusader

    Crusader Peon

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    #6
    You need to read their specific "Terms of service", but since none of the sites actually own the images uploaded to them I doubt that they can give you permission to use the full image. The person that actually uploaded the image (and hopefully should own the copyright) might take offense when they find their images on your site.
     
    Crusader, Sep 1, 2007 IP
  7. BigMumu

    BigMumu Peon

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    #7
    I want to ask it differently: what about flickr, photobucket that let peole upload & display in public all sorts of pictures that most of them are not owned by the people who uploaded them? If it's fair for them, why can't anyone do similar (display pictures found in those sites or elsewhere) & in a much more inferior level?
     
    BigMumu, Dec 6, 2007 IP
  8. Crusader

    Crusader Peon

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    #8
    Well when you read the ToS of the sites you'll find something to the effect of the following:
    These sites also have officially registered copyright agents with the US copyright office which handle DMCA complaints and they fulfill in the safe harbor provisions of the DMCA.
     
    Crusader, Dec 8, 2007 IP
    birdsq likes this.
  9. BigMumu

    BigMumu Peon

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    #9
    I see, but still there's a huge difference between law in theory & the reality of the Internet. Thanks Crusader for helping everyone here btw ;)
     
    BigMumu, Dec 8, 2007 IP
  10. Crusader

    Crusader Peon

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    #10
    No problem. I agree with you on the difference between the theory and reality of the Internet. The main thing is that there are so many sites that don't give a damn about copyright that it almost seems to be the normal turn of events.

    As webmasters though it is our responsibility to make sure the content on our sites are legitimate... at least that's my viewpoint.

    Allowing users to submit/upload things to the site comes with it's own rewards, but also loads of risk where copyright infringement is concerned. The DMCA makes provision for protecting site owners from liability for the action of the users of the site provided that:
    • You don't have knowledge of the infringement and don't receive financial benefit from the infringing activity.
    • Have a copyright policy and make that policy clear to your users.
    • Have a registered agent with the copyright office that deals with copyright complaints.
    • Act on copyright complaints and removes/disables access to the infringing material quickly.

    Now, I've seen many cases where certain webmaster actually abuse the the above since they believe it's fine to have copyrighted content on their site until the copyright holder tracks them down to complain. (Sites with notices like "If the site contains copyrighted material please contact us and we will remove it"...)

    Some of them even request a formal DMCA notice while they don't even have a registered agent, so in actual fact don't really qualify for DMCA protection.
     
    Crusader, Dec 9, 2007 IP