| 9:08 am on Apr 28, 2009 (gmt 0)|
What you want are Royalty Free images. With these you pay a one-off licence fee and thereafter can do with them as you wish, forever.
Many, if not all of the professional image libraries will have Royalty Free collections of thematic images available to download or purchase on disc.
A few that come to mind:
There are also bottom-end suppliers like iStock (a division of the mighty Getty) catering to the graphic needs of webmasters, although most of the big libraries offer micro stock these days.
All these sources offer lo-res comping images for you to trial. You will need to register with each site before being allowed access to these.
Hope that helps.
| 1:30 am on Apr 29, 2009 (gmt 0)|
Thank you syzygy, that is quite helpful. I am also wondering about photobucket. It seems the license is royalty free, but what if someone posts content that was already copyrighted?
| 6:48 am on Apr 29, 2009 (gmt 0)|
This is the problem with contributor-based services. My suggestion would be to take a close look at the Terms & Conditions set out by the provider, eg, photobucket, and see what it says in this regard.
It's been a big enough issue for providers, so I suspect a quick trawl through any site FAQ's might give you the clarification you're looking for.
| 7:35 am on Apr 29, 2009 (gmt 0)|
Thought I'd have a dig around Photobucket myself as it's not a service I've used. Here are the important parts:
|10. Disclaimers. Photobucket is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Photobucket Services... |
Clearly the onus of responsibility is on the content provider. However, Clause 8 states:
|Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Photobucket: |
8.8 constitutes or promotes an illegal or unauthorized copy of another personís copyrighted work;
So, if you take an image from a Photobucket user in good faith and later find it's someone else's work, you'd need to a) take it up with the person who uploaded it, and b) complain to the service provider.
Seems pretty straightforward, though I'm still looking for the bit that says it's ok to take images for commercial use. Indeed, I'm yet to find any section dealing with any copyrights or Creative Commons at all. Guess it must be somewhere...
Sorry, forgot to add that their T&C's are here: [photobucket.com...]
[edited by: Syzygy at 7:36 am (utc) on April 29, 2009]
| 4:33 am on Apr 30, 2009 (gmt 0)|
Wow, thanks, extremely helpful again.
I'm guessing the indemnity clause #14 would mean I am assuming the liabilities for my own use.
My main intention is to repackage images with text and info related to my own content. They would not be sold but would be likely to be used by others.
| 8:35 am on Apr 30, 2009 (gmt 0)|
My interpretation of 14 is that under no circumstances can anyone point the finger of blame at Photobucket; standard stuff.
I spent a while yesterday looking for the T&C in respect of rights of users' content but could find nothing.
I even signed up for an account and uploaded a few images, just to see how it works. I'm still none the wiser as to what rights I have or, like Flickr, what restrictions I can place on others using my works.
Anyone else with experience of Photobucket?
| 8:46 pm on May 6, 2009 (gmt 0)|
I'm guessing then that similar phrasing (to number 14) in my terms of service would afford me the same indemnity as photobucket?
I'm guessing I'm pretty safe being that I am not reselling, only using for web display.
Would I be better to add my own copyright to images I enhance, or just leave it? Also whether to credit photobucket?
| 12:04 am on May 7, 2009 (gmt 0)|
Before you do anything you must determine what rights image owners have via Photobucket. There will be an explanation somewhere on the site; I can't find it or have overlooked it. Don't assume that you're safe. Also, it's a common courtesy to those whose images you might want to use!
Until you have a much clearer picture (excuse the pun) of the legal position, don't even think about claiming copyright on 'derivative works' or presuming 'Fair Use'. Search for 'Shepard Fairey' - the creator of the Obama 'Hope' image - and see why.
Actually, here's a very good link to a BBC story on the subject:
Copyright battle over Obama image [news.bbc.co.uk].
As to your last point, just crediting Photobucket seems somewhat lame. Even though I can't find anything to the contrary, I'm presuming that users don't sign away their copyrights when they upload to Photobucket. Thus you'd only be crediting the hosting company and not the creators!
Best you delve a little deeper into their T&C's and see what lurks there...
[edited by: Syzygy at 12:06 am (utc) on May 7, 2009]
| 4:44 am on May 7, 2009 (gmt 0)|
Crazy stuff in this thread. You may want to check out flickr, they have the photographer's rights laid out a little better.
| 8:54 am on May 7, 2009 (gmt 0)|
Agreed - flickr is much more transparent.
The issues over what you can and cannot do with images from Photobucket are interesting (to me), especially as you find images hosted there in widespread use across the web.
Ok - have just had a closer read through the T&C and found it!
Here's an excerpt:
|Proprietary Rights in Content on Photobucket. 6.1 By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content... except Content marked "private". Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications. |
So, as a user, give it to Photobucket and sign your rights away.
As a webmaster, great. Here's a massive free resource with essentially no limitations on use! That's my interpretation anyway and based on that I'll be closing my recently opened account straight away!
[edited by: Syzygy at 9:06 am (utc) on May 7, 2009]
| 4:39 am on May 8, 2009 (gmt 0)|
Thank you again Syzygy,
Seems quite clear to me as well, and exactly what I'm looking for also. The only issue left in my mind is, I have seen plenty on photobucket that I know is copyrighted (mostly copyrighted text added to pictures, but likely some copyrighted images as well). So to what extent am I liable af I mistakenly use such content.
Thanks Loner... I will have a good look at flickr also.
| 1:23 pm on May 8, 2009 (gmt 0)|
The other day (before I'd closed my account down) I did a couple of quick searches on Photobucket.
The searches were for certain well-known makes of expensive sports cars. There are loads of images, many of them professional studio shots.
Photobucket's T&C's are very clearly designed to ensure that no blame or responsibility is apportioned to them. All responsibility falls on the user uploading the image.
You use copyrighted images without permission and you could find yourself facing legal action. It won't matter where the images came from or who supplied them.
You might then want to instigate legal proceedings against the source from which you took the images, but the image rights owner, if they're dogged enough (and many are), might still want a piece of you.
My suggestion is the obvious one: if it clearly is a copyrighted image do not use it; likewise if you have any doubts at all.
Having said that, you could always make contact with the person who uploaded the image and seek clarification.
Usual disclaimer applies: I am not qualified to give legal counsel and nothing herein should be taken as such. If in doubt, seek advice from someone who knows what they're talking about!
[edited by: Syzygy at 1:25 pm (utc) on May 8, 2009]
| 1:48 am on May 23, 2009 (gmt 0)|
Thanks for all your advice! I think I will be working with Wikimedia Commons since the permissions and sources are clearly marked.
| 6:21 am on May 23, 2009 (gmt 0)|
Going to suggest a slightly different approach: Find a local photographer in your area who deals with the type of material you seek and work out a deal with them for original COPYRIGHTED images (you and the photographer). This way you know you have rights to use the material, they get exposure (no pun intended) and there's no chance of copyright infringement claims by others.
That's a deal I worked with two photogs in my area some years back and I have never regretted it. I can even request creation of images for a specific need. Works a treat!