Forum Moderators: not2easy
Having done a google search for images and found a picture I like, I have then sent emails to a contact email requesting their permission to use the pictures.
No reply. So have gone ahead and used their pictures with a link back to their site.
Additionally watching my own website, my own photos/drawings (did some rock art type drawings) have been purposely downloaded. So now kind of figure it's a bit of a free for all on the website....unless one is making profit from one's borrowed photos. It would irritate me if I found my images without any recognition back to me from the source that was using it. Guess that's why it's good to bother to put a copyright on the photo if you don't want improper usage.
I have used a couple of "product" images (such as solar panels) and use hyperlinks back to the company where the image has come from and also told the company I am using them and on what site. So kind of considered that was beneficial to the company (get about 1000 hits per month on my website at the mo with an aim to increase this to 10,000 by the end of the year).
So in my email I write:
- what the image is being used for
- where my website is
- that I will give a link back to their site
- reply "NO" if you don't want me to use the image by xx date (normally the end of the week)
Have only had one company say No - so didn't use the photo.
Hence that is why I have taken a "no reply" as meaning "go ahead" as they potentially will receive more publicity and a link back to their site. Otherwise if it bothered the company, wouldn't more email "NO"?
Haven't looked at copyright laws - have just assumed that who ever put a photo/image on their website own the copyright. However this is blurred. Depending on the topic: have noticed when you Google photos, you'll notice the same ones appear many times over on different websites.
Never assume. And, just because a particular image appears multiple times on different websites doesn't mean each of those websites has permission to use it. They may be using the image without permission. On the other hand, it's also possible that they all received permission from the same source, either with or without a licensing fee.
Additionally watching my own website, my own photos/drawings (did some rock art type drawings) have been purposely downloaded. So now kind of figure it's a bit of a free for all on the website....unless one is making profit from one's borrowed photos. It would irritate me if I found my images without any recognition back to me from the source that was using it. Guess that's why it's good to bother to put a copyright on the photo if you don't want improper usage.
It's not a free for all. A lot of people assume it is, but it is not. Unless a website clearly gives permission to use their images or clearly indicates their images are in the public domain*, their images are not for the taking.
*Be careful with that one though. Some people will assume that photos they find on other websites are in the public domain.
I have used a couple of "product" images (such as solar panels) and use hyperlinks back to the company where the image has come from and also told the company I am using them and on what site. So kind of considered that was beneficial to the company (get about 1000 hits per month on my website at the mo with an aim to increase this to 10,000 by the end of the year).
That's not for you to decide!
So in my email I write:
- what the image is being used for
- where my website is
- that I will give a link back to their site
- reply "NO" if you don't want me to use the image by xx date (normally the end of the week)Have only had one company say No - so didn't use the photo.
Hence that is why I have taken a "no reply" as meaning "go ahead" as they potentially will receive more publicity and a link back to their site. Otherwise if it bothered the company, wouldn't more email "NO"?
I'm not a lawyer, but I'm reasonably sure that you need explicit permission. Assuming you have their permission if you don't hear from them is a bad idea. How do you know they received your eMail? How can you be sure they didn't send a reply and you didn't receive it?
The key phrase being:
"Copyright protection subsists from the time the work is created in fixed form."
Copyright laws have been specifically set up to protect the author/creator. It's certainl not completely cut and dried, there's another thread here dicussing thumbnails which apparently don't fall within copyright.
I'm not a lawyer .............
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As far as protecting your images the only sure fire method is to watermark them. Any other method won't stop someone that is determined, as mentioned it will only slow them down. Just as an example just about every image "protection" scheme I've seen is easily defeated by my image editor. It acts like a browser and simply loads the page as an image. :)
[edited by: engine at 9:03 am (utc) on July 23, 2007]
[edit reason] See TOS [webmasterworld.com] [/edit]
What stuff is public domain? Is that like the government websites? Can we use images from them too?
In the U.S., content created by the government is in the public domain. But, you still have to be careful. For example, they may have contracted with a private company to create content, in which case, the copyright may be held still by the private company. And, "government" means the Federal government. I am not sure if the same applies for state and local governments as well.
If you look at NASA's site, for example, there are a lot of pictures that you can use. But, some of them are subject to certain restrictions because they were created under conditions where they are not public domain. Others are public domain.
I'm certainly not an expert in this case. I don't use very much government-produced content, so I haven't delved too deeply into it. Just tread carefully, and make sure you keep records of what you use and where you found it and especially any notices that say it is public domain material.
Of course, it doesn't have to specifically be labeled as public domain to be public domain, but usually the non-public domain stuff--again, just talking about government sites--is identified as such.
I'd recommend getting a book (or finding a reliable website) on public domain materials and how to use them, and follow its guidelines for determining what is or isn't public domain. And then keep a paper trail of what you use, where you found it, and the reasons that it is (to the best of your knowledge) in the public domain.
The book I have included a Public Domain Worksheet. I complete that for each piece of content I use, and then photocopy the book pages (or website, but I get most of my stuff from books) that establish its public domain status and then keep that in a safe. Whereever possible, I keep the original book or publication as well. Those are not currently in a safe, because I don't have enough safe space for storing books. ;-)
That way, if anyone ever claims a copyright on something I've used that I believe is public domain, I have a paper trail that shows that I made a good faith effort to determine that the work was in the public domain. I am not a lawyer, so I don't know the actual value of doing that--I guess maybe it makes it easier for you to claim innocent infringement?--but that system was recommended by an attorney.
Of course, if your reason for believing it is public domain is that you found it on the Internet, that paper trail is not going to do you any good. ;-) But, if you have documentation that shows the copyright has expired, or that the author specifically put the work in the public domain or that it was created by the Federal government without any of the aforementioned exceptions, then I think that paper trail will do you good.