Is an image search website legal?

22 replies
The tittle tells everything. Is that legal If I make an image search site similar to Google Images?
#image #legal #search #website
  • Profile picture of the author SurrealPSD
    Originally Posted by typoo999 View Post

    The tittle tells everything. Is that legal If I make an image search site similar to Google Images?
    There's already a fair few 'stock search-engines' that aggregates images from free stock websites and creative commons submissions in flickr etc.

    Under that assumption, I'd guess they are legal. Always worth further investigation though

    Conzz
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  • Profile picture of the author WillR
    It depends what you mean?

    Obviously something like Google images IS legal otherwise they wouldn't be doing it.

    So long as you don't store the actual images and only act as a search engine for those images.
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    • Profile picture of the author typoo999
      Originally Posted by WillR View Post

      It depends what you mean?

      Obviously something like Google images IS legal otherwise they wouldn't be doing it.

      So long as you don't store the actual images and only act as a search engine for those images.
      Yes but I hear all time Google got sued for some images. I would like to know the exact "rules" to run an image search engine legally but I can't find.
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    • Profile picture of the author kindsvater
      Originally Posted by WillR View Post

      Obviously something like Google images IS legal otherwise they wouldn't be doing it.
      I wouldn't say that at all. Not even close. If Google does it then it must be legal, and the millions Google has paid out over the years was for charity.

      Google did have a copyright case many years ago and it argued vociferously as a factor for not having liability that it did not have monetization such as Adsense on those pages. After getting a favorable ruling guess what Google did.... although the ads seem to come and go.

      Other Google copyright cases state how important it is for Google to frame the images instead of hosting them itself - which you will note Google now does for both images and previews.

      There are, however, some unresolved legal issues even for Google.

      .
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      • Profile picture of the author WillR
        Originally Posted by kindsvater View Post

        I wouldn't say that at all. Not even close. If Google does it then it must be legal, and the millions Google has paid out over the years was for charity.

        Google did have a copyright case many years ago and it argued vociferously as a factor for not having liability that it did not have monetization such as Adsense on those pages. After getting a favorable ruling guess what Google did.... although the ads seem to come and go.

        Other Google copyright cases state how important it is for Google to frame the images instead of hosting them itself - which you will note Google now does for both images and previews.

        There are, however, some unresolved legal issues even for Google.

        .
        My point was, Google would not be running Google images if it were illegal. It wouldn't be allowed. That is all.
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  • Profile picture of the author Alex Williams
    I think there is nothing illegal in this because the only thing it would be - is a search engine, right? You would not host the images, or use them in any way.

    So, it should not be illegal in any way to create a new search engine, why would it be?
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  • Profile picture of the author bhmseoservices
    It's funny the way Google works. You can search for images on websites that are crawled by that search engine. And if you don't want you stuff to appear on it you got to mark it private and then you'll likely not have any visibility.

    Back to the topic at hand:
    It is NOT illegal as long as you have the websites listed with the proper accreditation.
    Don't put download or free download text anywhere just make it as clean as possible.
    Encourage users to also upload images so it's all in your network and database.
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    • Profile picture of the author Mr. Ken Russell
      There may be copyright laws that you need to worry about. That's the only thing I'd look out for..
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      • Profile picture of the author typoo999
        Thanks for your reply guys!

        I'm still not sure if its legal if the images are not hosted on my server, hotlinking images may cause problems too.

        Originally Posted by RussellK View Post

        There may be copyright laws that you need to worry about. That's the only thing I'd look out for..
        Yes, thats what im worrying about.
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        • Profile picture of the author Steve B
          It would seem to me that there could be potential problems if you're going to serve up search results on your web site. If that's not what you're going to do then disregard this post.

          Anytime you show protected images on your site without the owner's permission you are opening yourself up to potential infringement issues.

          Steve
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  • Profile picture of the author Darion
    I don't think there are clearly defined laws to an image search website since it's such a rare and unique situation, but I've seen some pretty prominent sites that link to Flickr images without any issues. I'd say that as long as you provide a legitimate source to the respective images, and you don't claim ownership over the images that appear on your website, you should have your bases covered.
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    • Profile picture of the author typoo999
      Originally Posted by Darion View Post

      I don't think there are clearly defined laws to an image search website since it's such a rare and unique situation, but I've seen some pretty prominent sites that link to Flickr images without any issues. I'd say that as long as you provide a legitimate source to the respective images, and you don't claim ownership over the images that appear on your website, you should have your bases covered.
      I appreciate your reply but unfortunately its not that simple. Sometimes when you use a copyrighted picture, the owner sue you without any notifications.
      I would like to know some exact information about it.
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      • Profile picture of the author Darion
        I was thinking of sites like Compfight (Compfight / A Flickr Search Tool) - which generates search results based on pictures from Flickr but specifies the attribution licenses. I think they might have some partnerships/sponsorships with stock photo sites too.

        Maybe you should try contacting the webmasters for some of these image search sites - they can speak from personal experience.
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  • Profile picture of the author sunray
    The fact that a big corporation is doing something does not make it automatically legal. They do not make laws. But, they certainly can afford to operate in a grey zone. Google has its own lawyers on payroll, and even if they loose a case, a couple of millions to pay for damages is candy money for them. If it's candy money for you too, go ahead. Otherwise I wouldn't touch the images of big stock image companies.
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  • Profile picture of the author mywebwork
    Once again someone starts a thread asking for "legal advice". And, as with the thousands of other threads like this one, the answer is always the same.

    The forum is not a resource for legal advice, and any "advice" you get here would be worthless if you needed to defend yourself in a court of law. All you are receiving is a bunch of conflicting opinions, which really doesn't help answer your question. Just because the majority of respondents "think" it's legal doesn't mean anything, and vice-versa.

    If you want advice on setting up a squeeze page or an opinion on what the best WordPress plugin is you are in the right place. But I'd suggest that if you truly want proper legal advice go see a lawyer.

    Bill
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  • Profile picture of the author SunilTanna
    I am not a lawyer, and others have wisely stated. A forum is not the right place to get legal advice.

    That said a couple of points

    1. Is any search engine legal? After all they are using copyrighted web content without permission. I believe there was a US case which ruled if they respected robots.txt then they had implicit permission to index public web content.

    2. What about images and thumbnails etc. Again there has been a US case about them where it was okay, even without permission, under certain circumstances, iirc when used purely to locate info.

    Of course I may have some details wrong, but both cases are in Wikipedia, and there are probably a million details a real lawyer could discuss with you, and maybe other issues to.

    And one final point, there seems to be a misconception that if you stay totally legal, then you will not be sued. Wrong. You can not stop people suing you even for meritless reasons, except by not annoying them enough to make them want to sue you. The benefit of staying legal is not that you cannot be sued, the benefit is that you should win if you are sued and fight it in court.
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    • Profile picture of the author WillR
      Originally Posted by SunilTanna View Post

      1. Is any search engine legal? After all they are using copyrighted web content without permission. I believe there was a US case which ruled if they respected robots.txt then they had implicit permission to index public web content.
      I don't see the problem with search engines. They are merely pointing you to a site they are not providing the site content to the person searching.

      If search engines were illegal then when I go to my local library and they have a computer that helps me to easily locate books in the library, that would also then be illegal.

      Sounds ridiculous, right?

      Originally Posted by SunilTanna View Post

      I2. What about images and thumbnails etc. Again there has been a US case about them where it was okay, even without permission, under certain circumstances, iirc when used purely to locate info.
      I think the real issues come when you are making money from the use of those images. There are certain 'fair use' rights for copyrighted works. But as you said, everyone should get proper legal advice before contemplating something like this... and preferably legal advice from a lawyer that is familiar with online laws.
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  • Profile picture of the author Colin Palfrey
    You would definitely need to see a copyright lawyer with experience in international cases and digital content.

    Let's assume that as some have suggested it is legal in the US. Is it still legal if you are serving up a picture from a site that isn't US based, and doesn't believe you have the right to do so? Their content is protected by their own independent legal framework.

    US law cannot offer you another country's copyrighted content, nor do the cases mentioned earlier even attempt to.

    Google gets fined quite regularly in Europe, and if it was any other company they would certainly have been closed down, or sued out of existence.

    This is an issue of international copyright laws, and before you mess with that or make judgement calls you need to consult a specialist lawyer.
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  • Profile picture of the author MA Robinson
    It is not illegal as long as the link will point back to the owner or image host.
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  • Profile picture of the author Randall Magwood
    Hopefully it's legal for you to do such a thing. If you can't find the definitive answer that you're looking for... start over in another niche.
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  • Profile picture of the author YasirYar
    They are legal provided you attribute the image source to the owner as well as supply the appropriate copyright and license information of each.
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    • Profile picture of the author SunilTanna
      Some cases about robots.txt and whether just indexing, etc. is legal
      The Web Robots Pages

      Yes it sounds like it shouldn't be an issue, but it has been, and still is in some European countries for example. If you've been following the news, there's been a big fuss about news search in France & Germany (the news sites say Google should pay to index their copyrighted material), and a while ago, in Belgium google LOST


      Here are wikipedia summaries of 2 cases about thumbnails

      http://en.wikipedia.org/wiki/Perfect...mazon.com,_Inc.
      Kelly v. Arriba Soft Corporation - Wikipedia, the free encyclopedia

      Of course, not all issues are resolved now, or ever get resolved, in court. Plus laws differ between jurisdictions. And each case is highly fact specific.

      So like I said:

      1. Talk to a lawyer, get proper advice.

      2. No matter what you do, and what legal assurances you get, don't assume you can't be sued. Somebody angry enough, or opportunistic enough, or with a different interpretation of the laws/facts, can always sue you. You can't stop them filing a case in court. The best you can do by being legal, is to position yourself so that you should win - that's where the lawyer comes in.
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