Images ... Legal use if any

Discussion in 'Legal Issues' started by dogonit, Aug 31, 2008.

  1. #1
    What are the rules on images on the internet?

    Is there a way to tell what images are legal to use on a site? How would I search for free images to use ... or is that impossible?

    Thanks.
     
    dogonit, Aug 31, 2008 IP
  2. Xabber

    Xabber Active Member

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    #2
    Just ask the owner/creator if you can use it.
     
    Xabber, Aug 31, 2008 IP
  3. jigordon

    jigordon Peon

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    #3
    Hi. You're asking a really great question. The problem is that the example that much of the world sets with respects to how to answer the question isn't very good.

    So, let's start at the top.

    First, assuming you're in a Berne Convention country (http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works), you start with an initial assumption that the images you see online are covered by copyright. There are, of course, exceptions to this - and they're too numerous and varied to get into. But my recommended course of action is to assume that there's a copyright - regardless of whether you see a copyright notice on or near the image.

    Second, assuming a copyright, you need permission to use the image. So, follow Xabber's suggestion and send an e-mail, asking for permission. If you get it, great... if not (and if they're the owner or rights-holder of the image), you can't use it ... even if you really, REALLY want to and even if you have a great reason for use.

    Third, there may be so-called "stock" images that would allow you to pay a nominal fee for their use - check istockphoto.com for a GREAT online resource for stock photography and images.

    Fourth, in some VERY particular situations and within the US, you may qualify under the "fair use exemption" within the US Copyright Act. Without going into a huge discussion on what qualifies as fair use, you will probably NOT qualify for "fair use" if you're making money off the use of the image (which, for website use, it would be argued that even a site with banner ads is using the images to make money). So be careful if you want to use an image under this exemption.

    I hope this helps!

    ~Jeff
     
    jigordon, Aug 31, 2008 IP
  4. lace-rules

    lace-rules Guest

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    #4
    this clears up quite a bit of information for me too because most images on the internet are unclear weather we can use them
     
    lace-rules, Sep 1, 2008 IP
  5. jigordon

    jigordon Peon

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    #5
    As I stated in my response above, the base answer is that you can't use any. The problem as I see it is that people assume that if they don't see a warning or other notice to NOT use the image that it's OK to use the image. That assumption is 100% wrong and it's a dangerous game to play.

    Copyright in the US is serious business (just talk with Disney). If an owner of a copyright has registered their work and you take it without permission, they have the ability to sue you - in Federal court - for significant monetary damages. Fines start around $250,000 per violation and go up from there. Then the US government can get involved as well and prosecute you for a criminal act. Penalties on this side of the act get you up to 5 years in "club Fed".

    It isn't said often enough, but I think it's really important to remember the purpose behind intellectual property laws - that the artist/creator is being granted a limited right of exclusivity over their creation so as to ENCOURAGE more creation. So there are fines, criminal penalties and other disincentives for theft because we, as a society, believe that it's important not only for our creative folks to be creative, but for them to be rewarded (at least temporarily) for their creativity in the same way as a person who buys/sells land is rewarded for their foresight in purchasing a piece of property on the outskirts of your favorite town because they know that eventually it might be a nice place to build a house or a shopping mall.

    What's kinda' sad is that people assume and act in a way that puts intellectual property on a lower level of respect than tangible/physical property. In almost no case would you ever hear any uproar from Internet users if someone was prosecuted for stealing a car or robbing a bank. But when someone "borrows" a photo, makes a digital copy of music or otherwise violates an IP right, it's still theft.

    Anyways, sorry for the long winded reply. I'm trying not to be preachy, but I think it's important for people to really understand the underlying issues and to see how their behavior affects those around them. :) Thanks for reading this far!

    ~Jeff
     
    jigordon, Sep 1, 2008 IP
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