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Using a googled image for commerical use

by LCDesigns
19 replies
Hi

So I have an image i found from google which is basically an original design from someone on an art forum. But technically the drawing is of a trademarked character. I'm sure they don't own any rights to it. But I want to snag the image and use it for commercial distribution. ( I know I don't any rights to do that either). Just looking for thoughts on this. --- Sorry I couldn't find a specific category to post this ---
#commerical #googled #image
  • Profile picture of the author high_plains_drifter
    Copyright infringement = Completely illegal
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  • Profile picture of the author Dan C. Rinnert
    So, you're going for a two-fer here? Risking copyright infringement *and* trademark infringement?

    No. Just no. Don't do it.
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    • Profile picture of the author Sven300
      Originally Posted by Dan C. Rinnert View Post

      So, you're going for a two-fer here? Risking copyright infringement *and* trademark infringement?

      No. Just no. Don't do it.
      LOL I think exactly the same thing.
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  • Profile picture of the author hiiiix
    Go to google, search "advance image search" below the page at usage rights: "Select Free to use, share or modify, even commercially"

    This way, any image you found on google with this process is fine. Strongly discourage using any image any where.
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    • Profile picture of the author BradVert2013
      Originally Posted by hiiiix View Post

      Go to google, search "advance image search" below the page at usage rights: "Select Free to use, share or modify, even commercially"

      This way, any image you found on google with this process is fine. Strongly discourage using any image any where.
      That's incorrect. Google does not verify that the images are free. Google does not own the copyright. Any image you use you must have the proper permission from the copyright holder.

      I know of at least one website that ended up with a $8000 lawsuit using the same Google image search you recommended. The copyright holder found they were using the image without permission and slapped them with a lawsuit. I believe they settled for about $3000.
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  • Profile picture of the author Sid Hale
    Didn't you just answer your own question?

    Originally Posted by LCDesigns View Post

    But I want to snag the image and use it for commercial distribution. ( I know I don't any rights to do that either). Just looking for thoughts on this.
    Why waste our time?
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  • Profile picture of the author Sarevok
    Stick to websites with CC0 license. (Creative commons zero).
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  • Profile picture of the author DIABL0
    Your just asking to get spanked.

    If you can't afford to pay for the use of an image or have something custom designed, than at least use a reputable site where it it specifically expresses that the images can be freely used commercially.

    The only case I could see where you could probably just snag something off google, is if the image is so generic that it is virtually impossible to prove who created it. Even then I would probably resize it just a bit, so that it is not the same as the original.
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  • Profile picture of the author affilorama-portal
    No, it's not safe to use the images from Google search for legal reasons. There are a lot of alternatives in terms of finding an image to use for your business. One way is getting/purchasing images from free image license sites (there are a ton of these sites online) and another way is to hire an artist to do the graphics for you.
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  • Profile picture of the author TheOverseer
    Without the permission of the original designer, that's copyright infringement written all over it.
    Try to create your own. Otherwise, contact the designer and buy the design or ask if you can use it for free.
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  • Profile picture of the author Boris Qs
    If you really want to use Google Images Then look for images for reuse and give it your unique twist. You can find reuse images under the creative commons search tab.

    Here is also a side I like using sometimes Over 388,902 Free Photos and Textures - FreeImages.com you can easily get free images there to use for any commercial purpose.

    The point is whatever image you are using your unique twist is what will make the difference otherwise your image will be just another one. hope that helped
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  • Profile picture of the author dekwxd
    I don't think you would legally be able to get away with using such an image for commercial distribution without the permission of the owner of the trademark and the permission of the one who made the drawing. You would risk getting in trouble with one or both parties.
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  • Profile picture of the author theruralroots
    Originally Posted by LCDesigns View Post

    Hi

    So I have an image i found from google which is basically an original design from someone on an art forum. But technically the drawing is of a trademarked character. I'm sure they don't own any rights to it. But I want to snag the image and use it for commercial distribution. ( I know I don't any rights to do that either). Just looking for thoughts on this. --- Sorry I couldn't find a specific category to post this ---

    Thats a definite no !!

    There are so many sites out there right now, Creative Commons Zero licenses, and graphics sites that allow you to use any of their graphics however you see fit commercially even if you only subscribe for a month......There are so many other options Or you could find an artist to work with *wink wink*
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  • Profile picture of the author LCDesigns
    Guys I appreciate the feedback (well most of it). A little bit more of a specific detail I didn't include. The character(s) is actually a hybrid. It is a combination of two different cartoon characters. So actually the character does not even exist under a true TM. It was basically made by someone on the internet. Dont know how the hell I am supposed to track that person since as a matter of fact I have seen multiple manufactured merchandise on the net using the same character(s).
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    • Profile picture of the author Steve B
      Originally Posted by LCDesigns View Post

      A little bit more of a specific detail I didn't include.

      More specific detail doesn't change a thing.

      What you're proposing is copyright infringement. You don't own the copyright. Someone else (the creator) does. Unless you have the creator's specific permission, you will be infringing on that person's rights.

      Yes, people rip off images online all the time and use them for their own purposes. It happens so frequently, the majority of the abusers get away with it. But try using that as your defense if you're sued.

      You've been warned. There are a ton of sites where you can get copyright free images. There are also many stock photo sites where you can purchase an image license for next to nothing ($1 or less).

      Why not just abide by the law?

      Steve
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      • Profile picture of the author LCDesigns
        Hi Steve
        I have messaged the owner of the image on the deviant art forum. It doesnt look like he has been active much recently. I am taking everyones advice and not using image. However I am going to look into paying someone on fiverr to recreate it with slight changes and provide a commerical use agreement with it.
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        • Profile picture of the author Steve B
          Originally Posted by LCDesigns View Post

          I am going to look into paying someone on fiverr to recreate it with slight changes and provide a commerical use agreement with it.

          LCDesigns,

          That sounds like a better plan to me . . . however . . .

          There is still a chance you could be infringing upon a copyright. There are people that sell "knockoffs" (imitations of the original) and get sued for their "fakes" because they are simply attempts to copycat someone else and avoid the letter of law. At issue is the confusion these copycats cause with the original work.

          I would suggest you not try to copy someone elses original design (but with only minor changes). Why not get your artist to create something from scratch?

          Steve
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          • Profile picture of the author LCDesigns
            Once again Steve thanks I will have to do that. I am actually glad I asked this questions because it turned out some very useful information and sites going foward. Appreciate everyone's input.
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  • Profile picture of the author lambangdaihoc
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    • Profile picture of the author Regional Warrior
      Originally Posted by lambangdaihoc View Post

      All images on the web are copyrighted can just upload the image people they barely confirm copyright, unless affecting their work.
      This is the worst advice do not even try this , Lambangdaihoc my advice as I have seen some of your reply's to others is STOP do not reply to any threads until you know the right answer

      Jason
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