Using Images of Webpages That Belong to Another Company/Person

14 replies
I was just working on some PLR and this question popped into my noggin.

Any of you who are attorneys dealing with copyright, this question is for you.

If I use images of other people's web pages in a product I sell, does that constitute a copyright infringement?

Thanks for your advise

Kater
#belong #company or person #images #webpages
  • Profile picture of the author aussiechamp
    I'd be curious to here opinions on this too! :-)
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  • Profile picture of the author cyqnusnite
    I would also like to know, I have never thought of this before.
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  • Profile picture of the author tyronne78
    To tell you the truth I would just go to a site like istockphoto.com and buy images. They have real affordable rates. Plus you won't have to go through the hassle of getting hold of a lawyer whose an expert in copywright law or spending hours of your time doing research.
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  • Profile picture of the author adelewilliams
    Banned
    I think if you don't mention the source of your pictures there may be some legal issues...
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  • Profile picture of the author Vanilla Gorilla
    yes. I know a fellow marketer that was sued $2,000 for using a few images that were owned by another. It's smarter just to purchase stock photos for like a $1 each.
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  • Profile picture of the author Paul Myers
    I believe she's asking about images OF the page, not FROM the page.
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    • Profile picture of the author Steve B
      Kater,

      Would you not seek written permission first from the web site owner? I think you're dealing with more than copyright issues. Trademark infringement could also become an issue if your images include somebody's logo, trade name, slogan or other identifying information.

      You'd better seek competent professional legal advice as responses like mine coming from a public forum are personal opinion only.

      Steve
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  • Profile picture of the author Danielle Murphyx
    Banned
    If you think it, you are making use of the image of a site on your own site. No matter the situation, I think a permission is required. I am not a lawyer, but it just seems logical to me.
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    • Profile picture of the author JohnMcCabe
      Originally Posted by Danielle Murphyx View Post

      If you think it, you are making use of the image of a site on your own site. No matter the situation, I think a permission is required. I am not a lawyer, but it just seems logical to me.
      "Just seems logical" has bought a lot of fancy cars for a lot of expensive lawyers over the years.

      I'm not a lawyer, but I do have an interest in copyright issues.

      From my own layman's reading, it seems that the use of the image (assuming we are talking about a screen shot of a web page) has a lot to determine the level of permission necessary.

      Under Fair Use, you are allowed to show examples for the purpose of critique or commentary. For example, if your PLR were on web design, you could show the header of one site and say "this site has a big header" and another site with "this site has a smaller header". You could offer an opinion of why one might be more effective than another.

      If your opinions might be construed as statements of fact, you then start running into slander/defamation territory, so you'd have to be careful of what you say. Identify opinions as opinions, rather than facts.

      The law is seldom black and white, and the shades of gray keep lawyers in luxury cars and second homes...
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  • Profile picture of the author Jay Levine
    When someone creates a work of art, text, or music, whether it's a photo or digital work, they automatically own the rights to that work. If you use it without asking for permission, you are asking for trouble. You may win the battle if it came to that, but is it worth fighting that war? Now if you asked the owner if you could use it, they may be happy to get the additional exposure.
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  • Profile picture of the author JanePlaten
    Banned
    Getting written permission first sounds like a good idea to me too. I think that nobody would object to some more publicity. Why would they? If you are using pictures of a website to give a negative example and you do not have their permission, there might be some slander problems there to worry about. Even if slander is such a strong word for it.
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    • Profile picture of the author randak
      Definitely ask permission first by email. Then print out and save said email(hard and digital copy) just in case.
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      • Profile picture of the author wordwizard
        That's the exact thing that made scholarly work so much more of a hassle once I started doing analyses of online marketing strategies.

        So I decided to switch careers and get into online marketing strategies directly by actually using them, and doing copywriting, and creating my own products.

        Here's one way around having to use other people's websites... (though it will be more work)

        Make your own websites featuring the various features you're critiquing and then post screen shots of those.

        This might work at least for SOME products. You can also mention the names of the actual other sites and then show YOUR example that's somewhat similar...
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