Can you advise me if I could sued for doing this

Alexa Smith

Banned 11 years ago

Originally Posted by carolf

I have taken a post and linked to in my blog and used one of their photos from the article....... can I do this.

No - you really shouldn't.

Originally Posted by carolf

Noone !!! wants to get on the wrong side of The Huffington Post

No - that's absolutely true. You don't want to get on the wrong side of HuffPost.

It's unlikely they'd sue you, but it's possible. It's perhaps more likely that they'd contact you first and "invite" you to remove the photo, and/or serve a DMCA site take-down notice on your hosting company. But they're not obliged to do either of these things, and in theory they can sue you. (We're assuming here that they're the copyright owner but maybe we don't actually quite know that?).

The golden rule is: if you don't yourself own the copyright to a photo, someone else does, and you need that person's permission (in whatever form) in order to put it on your site.

I don't think "fair use" covers photos? And in any case, one wants to avoid problems, not "defend" them?

I'm not a lawyer. (Can you tell?!).

[ 4 ] Thanks

{{ DiscussionBoard.errors[8550938].message }}

garyv

11 years ago

I believe there is somewhat of an unwritten rule amongst some online bloggers, but especially those that blog news stories, that you can share articles as long as you give a proper link back to the main original article. Many actually encourage it, because it gives them higher relevance in the search engines. - In fact the RSS feed which is built into most blogging software was designed to make articles easier syndicate.

[ 1 ] Thanks
3 replies

{{ DiscussionBoard.errors[8550957].message }}

Steve B

11 years ago

Originally Posted by garyv

I believe there is somewhat of an unwritten rule amongst some online bloggers, but especially those that blog news stories, that you can share articles as long as you give a proper link back to the main original article.

Gary,

If push comes to shove do you think the copyright holder or the judge will care about "unwritten rules" amongst some bloggers?

Reprinting a news story where the author has given full permission to do so is very different from what the OP is talking about in this thread.

He has ripped off a photo from an article and has no permission whatsoever.

And just because you attribute an article in your blog is no guarantee that you have not infringed on a copyright, common practice aside.

Steve

[ 4 ] Thanks
1 reply

Signature

Steve Browne, online business strategies, tips, guidance, and resources
SteveBrowneDirect

{{ DiscussionBoard.errors[8551609].message }}

AnniePot 11 years ago

I STRONGLY advise you not to publish anything that you don't own the copyright for. Three years ago I had to take down an extremely profitable travel website that had made me an average of $5K/month.

A couple in Arizona used the site to promote their vacation property; their listing included two photographs which unfortunately, they held no rights to. They had been taken by a professional photographer for a magazine article. The copyright was registered with -- you've guessed it -- Getty Images.

They came after me with a bill for many thousands of dollars and I ended up taking down the site. It was the only way I could appease them.
- [ 1 ] Thanks
{{ DiscussionBoard.errors[8551678].message }}

Alex Mensah

11 years ago

Originally Posted by garyv

I believe there is somewhat of an unwritten rule amongst some online bloggers, but especially those that blog news stories, that you can share articles as long as you give a proper link back to the main original article. Many actually encourage it, because it gives them higher relevance in the search engines. - In fact the RSS feed which is built into most blogging software was designed to make articles easier syndicate.

yes its like writing an essay at the university as long as you link back to the original source as a citation and don't change what they wrote you are good unless the website explicitly says you cant do this.

Thanks
1 reply

Signature

How I Made $1000 Dollars In 1 DAY!

{{ DiscussionBoard.errors[8551711].message }}

sbucciarel

Banned 11 years ago

Originally Posted by Alex Mensah

yes its like writing an essay at the university as long as you link back to the original source as a citation and don't change what they wrote you are good unless the website explicitly says you cant do this.

Actually, it isn't even remotely similar to using a small amount of text and providing a citation for an essay. The artist owns the photo and full copyrights and no one is allowed to use it AT ALL without permission from the copyright holder. There is no fair use excuse for the way the photo is being used.

If the artist is a real aggressive type, he wouldn't even have to warn you. He could just file a suit for damages. He could also file a DMCA with your host and let your host inform you that you have no rights to that photo and to ditch it or get suspended. That's minor in comparison to the lawsuit option.

[ 1 ] Thanks
1 reply

{{ DiscussionBoard.errors[8551730].message }}

Alex Mensah

11 years ago

Originally Posted by sbucciarel

Actually, it isn't even remotely similar to using a small amount of text and providing a citation for an essay. The artist owns the photo and full copyrights and no one is allowed to use it AT ALL without permission from the copyright holder. There is no fair use excuse for the way the photo is being used.

If the artist is a real aggressive type, he wouldn't even have to warn you. He could just file a suit for damages. He could also file a DMCA with your host and let your host inform you that you have no rights to that photo and to ditch it or get suspended. That's minor in comparison to the lawsuit option.

hi I was referring to the text not the photo. FYI.

Thanks

Signature

How I Made $1000 Dollars In 1 DAY!

{{ DiscussionBoard.errors[8551772].message }}

An Al

11 years ago

Originally Posted by garyv

I believe there is somewhat of an unwritten rule amongst some online bloggers, but especially those that blog news stories, that you can share articles as long as you give a proper link back to the main original article.

Some people believe in bigfoot too. That doesn't make it real.

Thanks
2 replies

{{ DiscussionBoard.errors[8553484].message }}

tpw 11 years ago

Originally Posted by An Al

Some people believe in bigfoot too. That doesn't make it real.

What exactly are you saying? Bigfoot isn't real?
- Thanks
Signature

Bill Platt, Oklahoma USA, PlattPublishing.com
Publish Coloring Books for Profit (WSOTD 7-30-2015)
{{ DiscussionBoard.errors[8553598].message }}
garyv 11 years ago

Originally Posted by An Al

Some people believe in bigfoot too. That doesn't make it real.

Obviously there are several in here that don't read enough news blogs. I know for a fact that The Huffington Post encourages the sharing of their articles. In fact if you look up the article in question...

http://www.google.com/search?q="Seven+Gripping+Photos+Of+Homeless+Los+An gelenos"

You'll see that there are already pages and pages of sites that are already using this same article.

Of course you need to get permission from the copyright owner - but most people that host aggregate news sites know already which sites encourage the sharing of their articles - Huffington Post is one of those - it's how they've grown so big. - In fact there are several people in this forum that share HP articles in their posts on almost a weekly basis- some show pictures and all.
- [ 1 ] Thanks
{{ DiscussionBoard.errors[8553613].message }}

PerformanceMan

11 years ago

Originally Posted by carolf

I have taken a post and linked to in my blog and used one of their photos from the article....... can I do this. Noone !!! wants to get on the wrong side of The Huffington Post

Seven Gripping Photos Of Homeless Los Angelenos Will Change The Way You Look At A Stranger | Carol Finlayson

Setup a 'Fair Use' defense.

Add a DMCA procedural notice and a Fair Use statement to your website. Use only low-res screen cap pics (not originals) and make sure you add 'commentary' to the original piece.

[ 1 ] Thanks
1 reply

Signature

Free Special Report on Mindset - Level Up with Positive Thinking

{{ DiscussionBoard.errors[8551179].message }}

carolf

11 years ago

Originally Posted by PerformanceMan

Setup a 'Fair Use' defense.

Add a DMCA procedural notice and a Fair Use statement to your website. Use only low-res screen cap pics (not originals) and make sure you add 'commentary' to the original piece.

thank you so much I will go google how to do everything you suggest and carry on.

Thanks

Signature

http://carolfinlayson.com/

{{ DiscussionBoard.errors[8551272].message }}

sbucciarel

Banned 11 years ago

Huffington Post does not own those photos. Michael Pharaoh | Retouching & Graphic Design Michael Pharoah owns them and they are copyrighted and of course, you cannot use them without explicit permission, which I am dead certain that Huffington Post has acquired the permission.

In the photo you ripped, you removed the credit at the bottom of the photo to the Photographer, as you can see in the Huffington Post article is at the bottom of the photo.

Not hard to figure out who owns the copyright to these photos. The HP article is all about this photographer.

Seven Gripping Photos Of Homeless Los Angelenos Will Change The Way You Look At A Stranger

Thanks
1 reply

{{ DiscussionBoard.errors[8551414].message }}

carolf

11 years ago

Originally Posted by sbucciarel

Huffington Post does not own those photos. Michael Pharaoh | Retouching & Graphic Design Michael Pharoah owns them and they are copyrighted and of course, you cannot use them without explicit permission, which I am dead certain that Huffington Post has acquired the permission.

In the photo you ripped, you removed the credit at the bottom of the photo to the Photographer, as you can see in the Huffington Post article is at the bottom of the photo.

Not hard to figure out who owns the copyright to these photos. The HP article is all about this photographer.

Seven Gripping Photos Of Homeless Los Angelenos Will Change The Way You Look At A Stranger

thanks Suzanne I will go back to Huffington Post and get the credit and add it

I did mention in the article what an awesome photographer he is !

Thanks
1 reply

Signature

http://carolfinlayson.com/

{{ DiscussionBoard.errors[8551461].message }}

sbucciarel Banned 11 years ago

Originally Posted by carolf

thanks Suzanne I will go back to Huffington Post and get the credit and add it

I did mention in the article what an awesome photographer he is !

I'm afraid that isn't going to cut it. You need to get permission from Pharoah to use the photo. He owns the photos and copyright. HP got their own permission, obviously because having an article about him in the HP is going to be beneficial to him. You cannot use the artists photos without permission. It's as simple as that.

His contact info is on his site. Ask him
- [ 2 ] Thanks
- 1 reply
{{ DiscussionBoard.errors[8551473].message }}
- carolf 11 years ago
  
  oh thanks Suzanne I was multi tasking, something I am rubbish at and missed your response. Thanks a million for taking so much time to advise me ... I will email him the link now and ask him if he is happy with this ?
  
  Thanks
  
  Signature
  http://carolfinlayson.com/
  
  {{ DiscussionBoard.errors[8551682].message }}

carolf

11 years ago

I updated the article with a link to the photographers site

Seven Gripping Photos Of Homeless Los Angelenos Will Change The Way You Look At A Stranger | Carol Finlayson

Thanks
1 reply

Signature

http://carolfinlayson.com/

{{ DiscussionBoard.errors[8551679].message }}

AnniePot

11 years ago

Originally Posted by carolf

I updated the article with a link to the photographers site

Seven Gripping Photos Of Homeless Los Angelenos Will Change The Way You Look At A Stranger | Carol Finlayson

NOT ENOUGH . . .

[ 1 ] Thanks

{{ DiscussionBoard.errors[8551684].message }}

carolf

11 years ago

I have email Michael for permission to use the photo

thank you to all of you for your advice and input. I agree that we it is pointless to work for years to build up websites and create a business only to lose by being uniformed.

[ 1 ] Thanks

Signature

http://carolfinlayson.com/

{{ DiscussionBoard.errors[8551882].message }}

carolf

11 years ago

Just a little update. I got a fabulous response from Michael giving me permission to use his photos in my blog and told me he loved my site !

So I am really glad I asked the question here. Great lesson learnt today many thanks everyone

[ 1 ] Thanks

Signature

http://carolfinlayson.com/

{{ DiscussionBoard.errors[8553024].message }}

pizzatherapy

11 years ago

I love posts with happy endings!

I love the way the post evolved from your very first question to your final response.
The advice given in this thread was sound and timely!
Very valuable!

Obviously the takeaway here is:
1) Don't ever use images you do not own the rights to.
2) If you do want to use the image, ask the copyright holder
3) Be prepared to hear no...but as in your case..you may get a yes.

I narrowly averted disaster by stupidly using an image I did not have rights to use...
(I plead ignorance, but ignorance is no excuse!)

I guess we were both lucky...

When in doubt about an image, unless you can prove you have rights to use the image:
Don't do it!