HELP! Is this legal?!

by nowk
27 replies
Well I made this site but I'm getting a big scare nowadays when I read some blogs and posts.

Well the scare comes from how they can sue you from using photos from the internet.

And also using other things so all I'm asking is. Is my site legal?

bestofathletesDOTcom
#legal
  • Profile picture of the author Paul Myers
    If you just grabbed photos from other sites without permission, the odds are that you're violating someone's copyright. The fact that a picture is online does not mean it's free for anyone to use who wants to.


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    • Profile picture of the author ExploringInfinity
      Originally Posted by Paul Myers View Post

      If you just grabbed photos from other sites without permission, the odds are that you're violating someone's copyright. The fact that a picture is online does not mean it's free for anyone to use who wants to.


      Paul
      This is true, but it's very unlikely that you will be sued for using them.

      If someone notices you are using their images they will usually contact you and ask you to remove them. If you they don't, usually google will contact you and ask you to remove them FOR them.

      If you fail to remove their copyrighted works from your site, google may have penalties for you.

      It's very unlikely that you will be sued unless you are doing some serious copyright infringement like trying to pretend to be eBay or something like that.

      It's always best to use your own images, buy images to use, have them created for you, or at least ask permission from those who's sites you'd like to borrow from.
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      • Profile picture of the author Istvan Horvath
        Originally Posted by ExploringInfinity View Post

        This is true, but it's very unlikely that you will be sued for using them.

        If someone notices you are using their images they will usually contact you and ask you to remove them. If you they don't, usually google will contact you and ask you to remove them FOR them.

        If you fail to remove their copyrighted works from your site, google may have penalties for you.

        It's very unlikely that you will be sued unless you are doing some serious copyright infringement like trying to pretend to be eBay or something like that.

        It's always best to use your own images, buy images to use, have them created for you, or at least ask permission from those who's sites you'd like to borrow from.
        It is not google that will contact you but my lawyer

        And it is VERY likely that you will receive a cease and desist letter from the owner of the image - again, NOT from google.

        Using anybody's copyrighted picture is considered "doing some serious copyright infringement" - to use your own words.

        So, if you are that ignorant in copyright matters you shouldn't venture into giving - misleading - advice!
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      • Profile picture of the author Kim Standerline
        Criky you'll get the bloke shot giving him advice like this. Massive companies like Getty images etc love to slap lawsuits on folks infringing their copyright. Istvan about summed it up nicely

        Also Google doesn't own the internet despite what they may think

        Kim

        Originally Posted by ExploringInfinity View Post

        This is true, but it's very unlikely that you will be sued for using them.

        If someone notices you are using their images they will usually contact you and ask you to remove them. If you they don't, usually google will contact you and ask you to remove them FOR them.

        If you fail to remove their copyrighted works from your site, google may have penalties for you.

        It's very unlikely that you will be sued unless you are doing some serious copyright infringement like trying to pretend to be eBay or something like that.

        It's always best to use your own images, buy images to use, have them created for you, or at least ask permission from those who's sites you'd like to borrow from.
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        • Profile picture of the author Richard Van
          What is it here with people with no idea what copyright is, wandering into threads, telling potentially thousands of people, it's absolutely fine to breach copyright? :confused:

          This is unbelieveable.

          ExpdloringInfinity an clever7, I've never heard so much rot in my whole life.
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  • Profile picture of the author Steadyon
    Originally Posted by nowk View Post


    Is my site legal?

    bestofathletesDOTcom


    From what you have read online, can you answer your own question?

    If not, ask a lawyer if you have doubts. But this will probably cost a lot of $$$'s.

    What are you unsure of exactly?
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  • Profile picture of the author Aj Wilson
    how about google images?

    are their search results displaying someone elses pictures on their results pages?

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    • Profile picture of the author Headfirst
      Originally Posted by Aj Wilson View Post

      how about google images?

      are their search results displaying someone elses pictures on their results pages?

      That's a safe harbor provision of the DMCA for hosting providers displaying content submitted by others.

      His site is illegal.
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    • Profile picture of the author kindsvater
      Originally Posted by Aj Wilson View Post

      how about google images?
      Good question.

      Google has been sued for this. The major opinion about Google's practice held there was no copyright violation because thumbnails were used and the resulting search results were "transformative" creating an entirely new work that is extremely useful to the public.

      As I recall it was also noted Google was not advertising on image results pages and the images were not actually being copied onto Google but were being pulled "inline" from their sites.

      Since then Google has changed its image search several times. Now there is advertising and images can be enlarged, although I believe they are still not being copied onto Google itself.

      My guess is Google's attorneys believe the "transformative" aspect of court rulings is so important that whether there is advertising on the pages or not will not change the result if more lawsuits are filed.

      But this is apples and oranges from what the OP is doing. And of course the lawsuits have cost Google a lot of money to defend.
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    • Profile picture of the author Steve Wells
      Originally Posted by Aj Wilson View Post

      how about google images?

      are their search results displaying someone elses pictures on their results pages?

      They display other peoples images,they do not own the images, and to be quite honest with you, I would not rely on their filters for being credible..... as to if something is usable for commercial purposes....

      Yuo can find some great images there and use their filters and set the filter for commercial reuse with modification or without and then they will display images that they "say" meets that criteria.... I honestly do not beleive that they are anywhere near fullproof, so I avoid them for image searches almost always........
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  • Profile picture of the author seasoned
    Considering that people have probably been sued for TRILLIONS over hundreds of years, HOW can you ask how can they do it? Between copyrights, trademarks. AJ, they are on touchy soil anyway. They DO say to check copyrights, and don't actually use or claim ownership of the pictures.

    Steve
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  • Profile picture of the author Aj Wilson
    Im not saying google is right or wrong in doing what they're doing ... Im jus say'n they take someone else images and put them on their results pages.
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  • Profile picture of the author tfos4941
    The difference between most websites and google is that every one needs google! I see loads of my photos on google images but I would never question it as google does something important for me by displaying my website and linking to it. If i saw my pictures on another website that wasnt advertising me I would ask them to be removed.
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  • Profile picture of the author nowk
    Thanks guys for some feedback. I already took down all the pictures and will probably use bought photos in the near future.

    And embedding things from youtube will always be okay right?
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  • Profile picture of the author Jack Duncan
    nowk,
    That's probably a good decision you made if you don't know who took the pictures.

    One tip that may be helpful is to search for Creative Commons License photos that can be used commercially.

    Just Google it.

    There is a search engine devoted to helping you find them...just double check the license to make sure you use the correct attribution for what you are trying to do.

    Also, there are some pretty decent free stock photography websites that you can find nowadays as well.

    One more tip...if you do decide to buy stock photos, use the stockphoto comparison tool at SpiderPic to make sure you get the best price... SpiderPic

    There is often a wide range of prices for the exact same photo.

    All the best,
    Jack Duncan
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  • Profile picture of the author peetred
    why not just use public domain photos or royalty free stock photos.

    stock.xchng - the leading free stock photography site
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  • Profile picture of the author nowk
    Will do. Thanks for the tips on looking for photos!!
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  • Profile picture of the author J Bold
    There's nothing wrong with embedding youtube videos on your site, that's what they have the embed function for, so people can do exactly that. Nothing wrong with that, at all.
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  • Profile picture of the author clever7
    You can use pictures from http://www.flickr.com/ without any problems.
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    • Profile picture of the author Istvan Horvath
      Originally Posted by clever7 View Post

      You can use pictures from http://www.flickr.com/ without any problems.
      That's not true! Who told you that???

      You can use picture from there IF they give you the permission (like creative commons). Many picture have the Copyright, All rights reserved - which means you cannot use them.

      What's wrong today that everybody thinks they are copyright experts...?
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    • Originally Posted by clever7 View Post

      You can use pictures from http://www.flickr.com/ without any problems.
      Yes, but make sure you check the licensing restrictions (if any). Some images are free to use with attribution, some are restricted (copyrighted) meaning you can never use them or republish them. Bottom line is you need to make sure you follow the guidelines.
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      • Profile picture of the author Headfirst
        Originally Posted by OnlineMarketingSys View Post

        Yes, but make sure you check the licensing restrictions (if any). Some images are free to use with attribution, some are restricted (copyrighted) meaning you can never use them or republish them. Bottom line is you need to make sure you follow the guidelines.
        The problem with that theory is that flickr users are free to change their usage restrictions at any time. If you are using a free image you don't have a license, and therefor have no evidence that you were allowed to use the image in the first place.
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  • Profile picture of the author Kom
    Talk about legal /ilegal

    image/conten/otherthing

    if that in public domain that is legal

    but if you copy and link to it is legal people has no problem when you copy something and make them get benefit

    if some one copy my article and then put the link
    personaly no problem for me.

    all about what you do !

    anything you publish and you said belong to you that is ilegal.

    The thing is people wan't do that becouse of traffic, it will not give you best consideration by google.

    if you can make original.That much better and you far from problem.

    that my opinion, anyone can give me feed back
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  • Profile picture of the author ashishaffiliate
    i prefer photostock websites, there are a lot of royalty free images you can use for free.
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  • Profile picture of the author gregorysmith
    Banned
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    • Profile picture of the author Richard Van
      Originally Posted by gregorysmith View Post

      ok, will some of you please private message me & tell me how to post my own thread.the free threads?
      Sorry Gregory,

      I'm a little unsure what you're asking here.

      You can post your own thread by clicking the "post thread" button, top left of the main screen.

      Purely with respect, this thread is about the legalities of using other peoples images in your site.
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  • Profile picture of the author rickfrazier1
    Using any image online that doesn't specifically indicate whether the image is free to use (unless you negotiated use rights) is like playing russian roulette. Sooner or later, someone's gonna get hurt.

    If you use something without getting permission (in writing, and/or by purchasing specific rights) and nobody says anything about it doesn't mean it is OK. It may just be that you haven't been noticed by the copyright owner. You may go on blissfully unaware for some time (maybe even years) before they find out, and at that point, you may really be between a rock and a hard place. The copyright owner has a right to charge you for the use, (or make you remove it if you don't pay what they want) and if it has become a de-facto trademark or similarity image for your product, you can lose company image or product sales overnight.

    It's far better to be sure that you have appropriate rights to the images you use. There are quite a number of places you can get free or low cost images. By the way, if you find an image that has a watermark (a shadowy imprint superimposed on the image) you can bet that it IS a copyrighted image. Unfortunately, it is not always easy to determine the proper owner of an image to purchase the rights you need.

    Also, when purchasing use rights, make sure they are appropriate for your intended use. For example, if the purchase rights don't specifically mention use on a web site, you should contact the copyright owner to see if they allow use of the image on a web site, and under what conditions. I've run across a number if images that had specific costs for various print uses (brochures, magazines, books and such) but not online "display". A (very) few have even restricted use on the internet, but on the other hand, I've found some that were free to use as long as attribution was provided (while still charging for print use). Every image is a little different, depending on the value the owner puts on it.

    If you get images (or sound files) from a client for inclusion in a web site, always ask your client if they have rights to use the images (or other materials). Back when I was making web sites for other people for a living, I received a number of images that looked familiar. Upon checking around, I found they belonged to a competitor that had not provided permission. Needless to say, this would have resulted in a lot of work that would have had to be redone, not to mention the potential legal issues...
    Ever since, I've always been careful about image copyrights, even to the point of taking my own pictures whenever possible, and generate my own graphic elements when time permits.
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