Pictures from another site

copyright pictures

[BobbyBudds]

Hello, I am currently creating a website for BMX bikes. I am selling advertising space for bmx companies as far as commerce. But my problem is i have section called "top bmx bikes" and i wanna take some photos off some other websites. Can I just take them and put them on my site?...cause i aint making a profit off those pictures. Any comments? Thanks in advance

[nancyb]

Just because your aren't making a profit, it is still infringing a copyright to take them without written permission from the copyright owner.

[BobbyBudds]

just a question? what about all those sites that post celebrity pics...how come they dont get shut down for copyright infrigement?

[nancyb]

some of them probably do get shut down, some of them just don't get caught, and some of them actually got permission.

[BobbyBudds]

whats the worst that could happen? they would ask me to take them off right? they arent gonna make a big deal about the picture unless i was making lots of money from it and they were losing, i guess sueing me for damages.

[Woz]

Using copyright images without permission is a violation of copyright law. Because some people do this without being caught does not novate the law.

The solution is simple - ask for permission to use the images stating what you want to do with them, and the benefit to the copyright owner (eg., more sales). That way you can move ahead with a clear head, are not worried about being caught, and don't have to panic when told to remove them from your site.

Onya
Woz

[nancyb]

Just a thought you might want to consider, some copyright owners have so many pictures stolen that they don't bother to "ask" people to remove them anymore. They just send off a DMCA to the offending site's hosting service, registrar, affiliates, search engines, etc. It is true that some hosts, registrars and affiliates will send the offender a notice of the DMCA, others (rightly or wrongly) just remove the infringing page(s) or the entire site without notice.

Sorry, but whether or not you make money off the use, it is still, technically, theft. Some product images involve significant photography fees to the owner/corporation, some images are unique and their overuse dilutes their eventual and/or continued worth.

There are many reasons that copyright laws exist to protect the owner.

[BigDave]

The worst that could happen? Do you have a house? A car? A bank account? A job? A good credit report?

Would you like to be able to keep them?

And you are saying you are not making a profit, but at the same time you are talking about selling advertising.

If you happen to use a work where the rights holder has registered their copyright, are you ready to pay them $150,000 plus legal fees?

Are you ready to do that for each picture you take and use?

[BigDave]

Sorry, but whether or not you make money off the use, it is still, technically, theft.

Nope, it certainly is not theft. It is infringement.

Theft is the taking of property, infringement is the violation of a right.

[nancyb]

Yes, you are right BigDave. I was trying to be less confrontational with the "technically" bit. I was wrong. However, when I find my images taken I feel as though I am the victim of theft.

[crescenta]

If it benefits them to have more people see the images (and it sounds like it would), then most likely they'll give permission. So ask!

[prairiedweller]

I have, many times used someone else's pics, however emailed them a nice letter asking permission first. I offered to give them a link to their site as a thank you. Most of the time, they reciprocate with kindness.
This may or may not be possible in your position. I tried (without saying) to let them know I was not offering to pay for the use.
Maybe an idea

[hunderdown]

whats the worst that could happen? they would ask me to take them off right? they arent gonna make a big deal about the picture unless i was making lots of money from it and they were losing, i guess sueing me for damages.

If you act on that, you may end up regretting it. In fact, the more successful you are, the more likely you are to regret it. Run a small unsuccessful site, earning little money, getting little traffic, and you might fly under the radar. But if you do better than that, you're in for a surprise.

Unless, of course, you listen to the good advice you've already received from some very experienced people. It was smart of you to ask about this issue. Don't ignore the answers you got just because they aren't what you wanted to hear.

Added: you should also read some of the other threads on this board. Find out what some of the consequences can be for copyright violations. Find out what a DMCA complaint is.