Hello all, I am making a business directory and I was wondering whether it would be legal to use pictures of the businesses in it. I do not plan on going out and start taking pictures. I would either take their pictures from their site or elsewhere (ie. a Google Place listing). Normally that would not be allowed, but since the images will be used towards those businesses and alongside their name and info, would it make it legal? Please answer only if you know for sure. Thanks!
The person who took the picture owns the rights to it (or whomever they assigned the rights to). You need permission to use them.
It's definitely not acceptable to use photographs without permission of the copyright owner (usually the photographer). In the case of taking pictures from a business' website for use in a directory that promotes the business, the business probably would welcome the use of the photo in that context - it's advertising for them. That is why they have their website and the photo in the first place. However, the fact that it would benefit them doesn't make it OK to use the photo without permission. Also, if the business used a commercial photographer to take the photos and did not get an assignment of the copyright, the business may not even have the right to give the permission to use it in a directory (that gets more complicated).
You should have the take permission of the owner who has the photos or legally buy the photos from the owner or photos hosting sites.
Ok - so you all agree that I would need permission. I would just ask for a clarification from "Business Attorney" - you mention that the business would probably welcome me taking pics from their site to enhance their listing in my directory. I, of course, agree with that. However, all you are saying is that if images are used within this context, chances are that they would most likely not try to take any legal action against me? In other words, you are saying that I would still be doing something "illegal", however, there would be no reason for them to do anything about it EVEN though they could. Is that correct?
Many times commercial photographers assign limited rights to a picture they take. For instance, a company might pay for a photograph of their own building, but it can only be used on THEIR website without paying an additional fee. The business doesn't own the rights to the photo, they have specific usage rights. So while a company might not object to you using their image, they don't own it, and the commercial photographer can sue you for using it without permission. Usage fees of thousands per image are not uncommon. That's why you should ALWAYS get permission because you have no way of knowing if the company even owns the image rights.