myspace layout websites... infringing?

Discussion in 'Legal Issues' started by j_p, Aug 25, 2006.

  1. #1
    j_p, Aug 25, 2006 IP
  2. amitpatel_3001

    amitpatel_3001 Results Follow Patience

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    #2
    Freeweblayouts.com is a parked name. :)
     
    amitpatel_3001, Aug 25, 2006 IP
  3. j_p

    j_p Peon

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    #3
    j_p, Aug 25, 2006 IP
  4. amitpatel_3001

    amitpatel_3001 Results Follow Patience

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    #4
    What is your point here? by posting Live links :-S
     
    amitpatel_3001, Aug 25, 2006 IP
  5. j_p

    j_p Peon

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    #5
    my point was, how do such layout sites get away with using photos of artists and logos in their layouts? Surely thats infringing copyright?
     
    j_p, Aug 25, 2006 IP
  6. mjewel

    mjewel Prominent Member

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    #6
    Yes, it's copyright infringement if they don't have permission to use the photos - and almost all fan and lyric sites are also guilty. The short answer: Those sites are taking the risk that they aren't going to be discovered and required to pay a usage fee set by the copyright holder.

    Many people falsely believe that you can use a photo taken from a fan site, publish lyrics, or use other material or artwork as long as they are being "positive" or promoting the product/artist. The artist usually doesn't own the rights to a photo (the photographer does) and while the celebrity might not care, the photographer will. With billions of pages on the net, not all are going to be discovered, but usage fees of thousands of dollars per picture are not uncommon and many people have been forced to pay them.

    You cannot use a photo until you are "asked to take it down", you can't get off by saying "your designer did it" or that "you didn't know" - once you use the material, the copyright holder can demand a usage fee which they get to set. If you didn't take the photograph or create the artwork, you are responsible for having permission to use it. Copyright infringement can be a criminal charge and there are extreme cases of people going to prison.
     
    mjewel, Aug 25, 2006 IP
  7. j_p

    j_p Peon

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    #7
    very imformative, many thanks
     
    j_p, Aug 25, 2006 IP