Posting Pictures for Poems - Copyright Issues?

I have poems for pictures and wish to find applicable pics.

[SaraSchmidt]

I have red both this thread:

[webmasterworld.com...]

And this one:

[webmasterworld.com...]

But would like some more specific advice to my particular situation...

Our website is completely free - we ask for no donations and charge for no services. We also allow no advertisements.

We once wrote some poems when looking at pictures - spiritual poems with life lessons - to fit each picture. The combination was quite beautiful.

We would now like to make these poems available online, with fitting pictures. How would you recommend going about this? Do I have to search specifically for uncopyrighted pictures? How do I tell?

Or can I use a picture if there is no indication it has been copyrighted?

What if the bottom of the page has a copyright symbol, but there isn't any indication beside the picture, does that mean the picture is copyrighted?

Or would this simply be a matter of Fair Use, since we are "commenting" on the picture itself (in poem format)?

Thank you very much!

Sara

[purplecape]

You should assume that any picture you find online IS copyrighted, unless you find evidence otherwise, such as a copyright date of 1923 or earlier.

You can not assume that use of pictures to go with your poems would fall under fair use. You are not exactly "commenting" on the picture. You are using a given picture in its entirety--if you were just commmenting on it you could use a low-res version thumbnail linked to the page where you found it, and I believe you'd be OK. But you want to reproduce it.

You need to find public domain pictures, or pictures you can use with someone's permission (that someone being a person with the right to give that permission) or pictures you can use for a modest fee....

[D_Blackwell]

As purplecape noted, unless clearly a public domain image - it is highly unlikely that you have the right to use the image.

Stock photos are the way to go - pay for what you need and the right to use them. Public domain images may work for what you need. However, aside from that you are talking about taking someone else's work (property) and making a claim of 'fair use' that could get you in a lot of trouble.

If I tracked an image to one your poems, there would be trouble. However, given the description of your website, and your intent, I might look favorably upon a personal request to use an image without charge. If you have some quality (and legitimate) samples to point to, it strengthens the pitch. I own thousands of images, and own various rights to thousands more, so can afford to be a 'decent fellow' if I like the work, the intent, the pitch, the person..... A lot of other people fall in that class as well.

Or can I use a picture if there is no indication it has been copyrighted

If if does not belong to you - and does not fall (without question) in public domain - it IS copyrighted, and it (and rights) belong to someone else.

[Syzygy]

We would now like to make these poems available online, with fitting pictures. How would you recommend going about this? Do I have to search specifically for uncopyrighted pictures? How do I tell?

Do a bit of research into 'Creative Commons'. It offers what you seek. Otherwise, and to back up my fellow posters, if it's not your image, it belongs to someone else and thus is copyrighted - unless it specifically states otherwise and/or has a Creative Commons licence applied to it.

Good luck in sharing your poetry with the world.

Syzygy

[tangor]

You might look to having new images made for your poems by local school children, or art students. You get new images, they get a chance to appear on the web. Happy result either way.

[SaraSchmidt]

Thank you all for your advice, and I have now turned my attention to stock photos or Creative Commons, as suggested. Or if I find a particularly good pic, I'll ask permission as D_Blackwell suggests.

Good idea, Tangor, but a bit out of my league for now. Can keep it in mind.