As mentioned on my title, I'm developing an app that requires photos found on Google Image. I have gone to all my sources and contacted the presumably owners that I want their permission to use their photos on my app. However none has replied. I understand that it's illegal to use one's photo without their permission. But just like blogs or product review websites that use other companies' products as discussion. Is that grey area bold enough for me to make my app not caught in the radar? I want my app to be legit in case it becomes popular. What can I do so I can launch without worries? Thank you!!
In my opinion, i think google images should be illegal, just because you see images on google does not make them free and clear, google does not appear to ask permission; i have seen some of my own images in google images, and was never asked....
Google sees it as a promotion for your images. Helps them, helps you. My app is kinda like that, but important thing is, will that hold out in court...
There is a concept in copyright law known as "fair use." It is an exception for teaching, criticism, etc. Without knowing more about your app I cannot tell you if it falls into the "fair use" category. Below is an excerpt from the U.S. copyright law explaining Fair Use. § 107. Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
thanks for your reply. by "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright." does this mean as long as i invite third party to comment on a photo, i can claim usage of image as sharing, hence be legal? if so, my idea is adding a comment section underneath each photo, so people who use this app can freely criticize or comment.