Public domain picture found using google image.

Banned 11 years ago

Hello,

It appears as if that license is from a Creative Commons attribution required image (CC 2.0 CC 3.0 etc). Public Domain images will be clearly marked "public domain" and/or CC0.

If attribution is required then you should attribute and removing the background and doing retouching does not give you the right to use the images without attribution. Derivative images are still protected by copyright in many countries.

The license you want to see is this one: CC0

No Copyright

This license is acceptable for Free Cultural Works
.
The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

You can copy, modify, distribute and perform the work, even for commercial purposes, all without asking permission.

See Other Information below.

Other Information

In no way are the patent or trademark rights of any person affected by CC0, nor are the rights that other persons may have in the work or in how the work is used, such as publicity or privacy rights.

Unless expressly stated otherwise, the person who associated a work with this deed makes no warranties about the work, and disclaims liability for all uses of the work, to the fullest extent permitted by applicable law.

When using or citing the work, you should not imply endorsement by the author or the affirmer.

http://creativecommons.org/publicdomain/zero/1.0/

For more on Creative Commons licenses see here:

http://creativecommons.org/licenses/

FWIW Google images is not a very reliable source to find commercial use images and they even have a disclaimer on each image pulled that says "Images may be subject to copyright".

Cheers

-don

Thanks

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Everett and Carol

11 years ago

I would consult an attorney before you go too far with this plan. It is always better to consult an attorney who is well versed on these matters rather than ask a forum made up of internet marketers.

I hope this works out for you as it sounds like you have a workable plan in the works.

Thanks
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ForumGuru

Banned 11 years ago

Originally Posted by Southern Infotality

I would consult an attorney before you go too far with this plan. It is always better to consult an attorney who is well versed on these matters rather than ask a forum made up of internet marketers.

I hope this works out for you as it sounds like you have a workable plan in the works.

Let's not forget that not everyone in here is a full-time internet marketer. Some of us have been in the stock image business professionally for a very long time (myself 13 years) and are well versed in photo usage, copyrights, photo licenses etc. etc. as we must deal with copyrights, photo licenses, and the associated legal issues on a daily basis.

Cheers

-don

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Everett and Carol

11 years ago

Originally Posted by ForumGuru

Let's not forget that not everyone in here is a full-time internet marketer. Some of us have been in the stock image business professionally for a very long (myself 13 years) and are well versed in photo usage, copyrights, photo licenses etc. etc. as we deal with copyrights, photo licenses, and the associated legal issues on a daily basis.

Cheers

-don

It is always prudent to consult with an attorney when it comes to areas of the law. Being a full time marketer is akin to playing an attorney on T.V.

It is never a good idea to consult with internet marketers in areas of the law.

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ForumGuru

Banned 11 years ago

Originally Posted by Southern Infotality

It is always prudent to consult with an attorney when it comes to areas of the law. Being a full time marketer is akin to playing an attorney on T.V.

It is never a good idea to consult with internet marketers in areas of the law.

#1) I guess you may not get the concept that professionals in the stock images business have already been schooled in copyright law and photo licensing.

#2) I guess you may not get the concept that professionals in the stock image business actually know what the different types of licenses are, and what they mean.

#3) I guess you may not get the fact that this type of question has been asked and answered thousands and thousands and thousands of times already.

#4) I guess you may not get the fact that most professionals in the image business actually know what a Creative Commons attribution license looks like when we see one.

#5) I guess you don't get the fact the professionals in the stock image business know the difference between royalty free, rights managed, creative commons attribution, and public domain.

#6) I guess you may not get the fact that most professionals in the stock image business have already received relevant legal advice on licensing and copyrights as we are the ones that actually issue the licenses and deal with the infringement cases.

#7) I guess you missed the fact that some people in here are stock image professionals that have been dealing with copyrights and photo licenses for many years on a professional level.

#8) Maybe you are a full time internet marketer but I am not. I am a stock photographer and stock photo site operator with a library of 1 million of my own images. I have been licensing images for the past 13 years professionally and over those past 13 years it's is a job requirement to be well versed in copyright law and photo licensing. It's what we do for a living.

Maybe you play an attorney on TV but I do not. The OP did not ask a difficult question, in-fact he asked a very simple question that is easily answered.

It's quite clear the OP needs a true public domain image that does not need a model or property release. Or better yet, he needs to license a royalty free (or rights managed) image that has extended rights to use in his t-shirt project.

Obviously as a stock image professional that has licensed images to customers around the world for the past 13 years I have received the advice of many folks that deal with the legal aspects of licensing photos in the US and other countries who's copyright laws are similar to US law.

As an image professional that has issued photo licenses, model releases, and property releases for over a decade it's not that difficult to understand most photo licenses, especially the Creative Commons licenses.

But yeah, it's probably best to consult with a copyright or IP attorney instead of a full time internet marketer that does not have a clue about copyright law and image licensing. Many of us already know that tons of internet marketers do not have a clue about copyright law and photo licensing, and worse yet, some don't even care.

I doubt the OP wants to pay to consult with an attorney since he was trying to score free images using the Google image search function in the first place.

As I mentioned above, it would be best if he obtains a stock image from a reputable company that has the proper extended license (and release(s), if needed). No real need to consult with an attorney as it's the stock image company's job to provide images. That's what we stock image professionals do --> provide the proper images for internet marketers to use in projects legally. If he is not sure what license he needs then he should put in a phone call or email to the image provider describing his end use and then the stock image professional will direct him or her to the proper images.

If he does not choose to purchase a photo with the proper license, and instead prefers to roll the dice, then his best bet would be to go to one of the more legit public domain sites and take his chances there.

Happy internet marketing to you!

Cheers

-don

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Everett and Carol

11 years ago

Originally Posted by ForumGuru

#1) I guess you may not get the concept that professionals in the stock images business have already been schooled in copyright law and photo licensing.

#2) I guess you may not get the concept that professionals in the stock images business actually know what the different types of licenses are, and what they mean.

#3) I guess you may not get the fact that this type of question has been asked and answered thousands and thousands of times already.

#4) I guess you may not get the fact that most professionals in the image business actually know what a Creative Commons attribution license looks like when we see one.

#5) I guess you don't get the fact the professionals in the stock image business know the difference between royalty free, rights managed, creative commons attribution, and public domain.

#6) I guess you may not get the fact that most professionals in the stock image business have already received relevant legal advice on licensing and copyrights as we are the ones that actually create the licenses and deal with the infringement cases.

#7) I guess you missed the fact that some people in here are stock image professionals that have been dealing with copyrights and photo licenses for many years on a professional level.

#8) Maybe you are a full time internet marketer but I am not. I am a stock photographer and stock photo site operator with a library of 1 million of my own images. I have been licensing images for the past 13 years professionally and over those past 13 years it's is a job requirement to be well versed in copyright law and photo licensing. It's what we do for a living.

Maybe you play an attorney on TV but I do not. The OP did not ask a difficult question, in-fact he asked a very simple question that is easily answered.

It's quite clear the OP needs a true public domain image that does not need a model or property release. Or better yet, he needs to license a royalty free (or rights managed) image that has extended rights to use in his t-shirt project.

Obviously as a stock image professional that has licensed images to customers around the world for the past 13 years I have received the advice of many folks that deal with the legal aspects of licensing photos in the US and other countries who's copyright laws are similar to US copyright law.

As an image professional that has issued photo licenses, model releases, and property releases for over a decade it's not that difficult to understand photo licenses, especially the Creative Commons licenses.

But yeah, it's probably best to consult with a copyright or IP attorney instead of a full time internet marketer that does not have a clue about copyright law and image licensing. Most of us already know that many internet marketers do not have a clue about copyright law and photo licensing, and worse yet, some don't even care.

I doubt the OP want's to pay to consult with an attorney since he was trying to score free images off of the Google image search in the first place.

As I mentioned above, it would be best he obtains a stock image from a reputable company that has the proper extended license and releases, if needed. No need to consult with an attorney as it's the stock image company's job to provide the image he needs. That'w what we stock image professionals do --> provide the proper images for internet marketers to use in projects legally.

If he does not choose to purchase a photo with the proper license, and instead prefers to roll the dice, then his best bet would be to go to one of the more legit public domain sites and take his chances there.

Happy internet marketing to you!

Cheers

-don

This is meant as no disrespect to you, but when I have a legal question I will take it to an attorney.

When I have a medical problem I will take it to a Doctor.

You may be an expert in this field, but most aren't. Taking legal advice from an internet marketing forum is a very bad idea.

I will leave it at that.

I guess you don't get the fact that in a court of law your vast amount of experience means nothing to the judge or the lawyer who is suing you.

I guess you don't get the fact that there is nothing worse than taking legal advice from a "Forum Guru".

Thanks

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Steve B

11 years ago

Don,

I didn't read the Southern Infotality post as questioning your knowledge or advice. I think what was said is right on.

Anyone can claim or pose to be anything they want on a public forum. You may know what you're talking about, but what about the next photographer that comes along? Are we to trust everyone that claims the photo credentials? Their advice may sound authoritative and professional, but what good is that going to do anyone in case there are problems down the road?

Are you going to be there to represent the defendant in a law suite because he took your advice? Of course not.

The comment seems appropriate to me . . . if you have legal questions, you should seek competent legal advice.

Don't take such posts so personally. You are a valuable contributor here I hope you continue to be helpful.

Steve

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ForumGuru

Banned 11 years ago

Originally Posted by Steve B

Don,

I didn't read the Southern Infotality post as questioning your knowledge or advice. I think what was said is right on.

Anyone can claim or pose to be anything they want on a public forum. You may know what you're talking about, but what about the next photographer that comes along? Are we to trust everyone that claims the photo credentials? Their advice may sound authoritative and professional, but what good is that going to do anyone in case there are problems down the road?

Are you going to be there to represent the defendant in a law suite because he took your advice? Of course not.

The comment seems appropriate to me . . . if you have legal questions, you should seek competent legal advice.

Don't take such posts so personally. You are a valuable contributor here I hope you continue to be helpful.

Steve

The fact of the matter remains --> most image licensing questions are easily answered by stock photo professionals and/or the photographer. A simple phone call or email to to Getty, Alamy, Shutterstock etc. etc. customer service reps will point you in the proper direction. A simple email to the photographer that placed the photo under the Crative Commons license should do the same.

The OP was looking for free images using Google image search. Do you really think that most people that find free images via google image search are going to pay an attorney to validate images found on google images, and interpret a bunch of stock image and/or Creative Commons photo licenses? Do you think he or she has an attorney for this on staff? I doubt it, so the next best thing is to get the image information from the actual image distributor as they are the people that define the license terms and issue the licenses.

The Creative Commons License Deeds are relatively simple and self explanatory and if you can't understand what the license says then it's possible that you should not be internet marketing or creating t-shirts with images in the first place.

Nothing personal at all....but let's be real here, not everyone on this forum is a "full-time internet marketer".

Cheers

-don

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miklanderson2

11 years ago

Another thing to keep in mind regarding use of Creative Commons images is the licensing requires that derivative works created using CC images be offered under the same license. I'm not a lawyer, but I'm pretty sure this means a T-shirt design you create using a CC image can be copied and used by anyone who wants to use it and you have little to no recourse.

Since you have to provide attribution and label the design as being a Creative Commons design, you'll be publicly advertising that your design is free to anyone who wants to take it and use it.

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ForumGuru

Banned 11 years ago

@ Southern Infotality

Yeah, it's obvious you don't have a clue about the image business so you do what you need to do. If everyone that asked a simple licensing question needed to use an an attorney to have simple questions answered we would need a million more attorneys on the job.

Who do you think sells photo licenses? Attorneys? No ---> it's stock photographers and stock photo companies that issue the licenses. What types of questions do stock image agency customer service reps answer? Licensing and release questions.

This ForumGuru also has several other forum nicknames and 75 stock photo domains, and has owned a stock photo business for the past 13 years. I've been published in museums, magazines, newspapers, books, etc. etc. etc. and one day you may understand the concept that is the stock image professionals the define the terms of stock image licenses.

Take care

-don

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Everett and Carol

11 years ago

Originally Posted by ForumGuru

@ Southern Infotality

Yeah, it's obvious you don't have a clue about the image business so you do what you need to do. If everyone that asked a simple licensing question needed to use an an attorney to have simple questions answered we would need a million more attorneys on the job.

Who do you think sells photo licenses? Attorneys? No ---> it's stock photographers and stock photo companies that issue the licenses. What types of questions do stock image agency customer service reps answer? Licensing and release questions.

This ForumGuru also has several other forum nicknames and 75 stock photo domains, and has owned a stock photo bisiness for the past 13 years. I've been published in museums, magazines, newspapers, books, etc. etc. etc. and one day you may understand the concept that is the stock image professionals the define the terms of stock image licenses.

Take care

-don

Forum Guru I worked in a courthouse for over 10 years. It is obvious you have no clue about the importance of getting legal guidance before jumping into an endeavor.

I got to witness many "experts" who would get sued for hundreds if thousands because they wanted to save themselves from spending money getting advice.

It is foolhardy advice to take legal advice from anyone other than an attorney. They are professionals for a reason.

You are taking this personal when you should not. It has nothing to do with you, and everything to do with what is best for the OP and anyone else in a similar circumstance.

If the OP gets sued based on the advice you are giving him, will you pay it for him?

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ForumGuru

Banned 11 years ago

Originally Posted by Southern Infotality

Forum Guru I worked in a courthouse for over 10 years. It is obvious you have no clue about the importance of getting legal guidance before jumping into an endeavor.

You don't have a clue! It's we people in the image business that actually issue YOU the proper photo licenses! I get "important legal advice" about image licensing and copyrights on a weekly or monthly basis. It's my job to issue photo licenses.

I got to witness many "experts" who would get sued for hundreds if thousands because they wanted to save themselves from spending money getting advice.

Did you even read my advice? Obviously not!

It is foolhardy advice to take legal advice from anyone other than an attorney. They are professionals for a reason.

Image professionals license images for a reason. We define HOW a licensee can use an image. Image professionals do the licensing, and it is up to you, the user, to follow the license terms. We are the professionals that tell you how you can use the image.

You are taking this personal when you should not. It has nothing to do with you, and everything to do with what is best for the OP and anyone else in a similar circumstance.

Obviously the OP's simple questions are way over your head, and you don't realize it, but the stock image companies and the photographers ARE the professional authority when it comes to licensing images.

If the OP gets sued based on the advice you are giving him, will you pay it for him?

If he purchases an image license from me, and he agrees to the terms.

I guess you don't you realize that some stock image companies issue a license that come with a legal guarantee.

You just don't get it....it's the stock image professionals that set, define, and issue image licenses and it is generally the photographer that obtains model and property releases.

It's the stock image company or photographer that issues the licenses and if you want to hire an attorney to interpret that license then feel free. The stock photo company usually does not need a lawyer to interpret their own license as they already know what is allowed and not allowed under the licenses that they issue.

And the advice I gave the OP was NOT to use the creative commons image or a derivative without attribution. In-fact I went further than that and said he should license a proper royalty free or rights managed image that allows extended use and has the proper releases if necessary.

Cheers

-don

Thanks
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Everett and Carol

11 years ago

Originally Posted by ForumGuru

I guess don't you realize that some stock image companies issue a license that come with a legal guarantee.

You just don't get it....it's the stock image professionals that set, define, and issue image licenses and it is the photographer that obtains model and property releases.

It's the stock image company or photographer that issues the licenses and if you want to hire an attorney to interpret that license then go ahead. The stock photo company does not need generally need to interpret their own license and they already know what is allowed and not allowed under the license that they issued.

And the advice I gave the OP was NOT to use the creative commons image or a derivative without attribution. IN-fact I went further than that and said he should license a proper royalty free or rights managed image that allows extended use.

Cheers

-don

Don,

I have no idea why you tried to berate me in the beginning of this thread, but I have seen many people who tried to save money by not consulting an attorney only to see it cost them dearly.

For you to berate me based on the fact that I advised the OP to consult an attorney leaves me to question your motives.

I also see in your signature that you are selling a product that matches up perfectly with this topic so it all makes sense now.

I worked in a courthouse for over 10 years and I know firsthand the cost of not setting up a business right from the start. Consulting an attorney and accountant are two great ways to get started when anyone is unsure when starting a business.

I will not be checking this thread again, so have at it.

I'm certain you will start it out again though with something similar to this " You just don't get it".

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ForumGuru

Banned 11 years ago

Originally Posted by Southern Infotality

Don,

I have no idea why you tried to berate me in the beginning of this thread, but I have seen many people who tried to save money by not consulting an attorney only to see it cost them dearly.

For you to berate me based on the fact that I advised the OP to consult an attorney leaves me to question your motives.

I also see in your signature that you are selling a product that matches up perfectly with this topic so it all makes sense now.

I worked in a courthouse for over 10 years and I know firsthand the cost of not setting up a business right from the start. Consulting an attorney and accountant are two great ways to get started when anyone is unsure when starting a business.

I will not be checking this thread again, so have at it.

I'm certain you will start it out again though with something similar to this " You just don't get it".

Oh, please. I answered the OP's simple questions on the Creative Commons license that he copy and pasted here --> and then you basically proceeded to tell us only a lawyer can answer simple photo licensing questions.

That's just not true as the PRIMARY FUNCTION of professionals in the stock image business is to license photos. It is the professionals in the stock photo business that are the ones that create and issue the photo licenses.

Why don't you go back and read my "advice" to the OP in my original post. Nobody tried selling images, I merely told the OP that the license he presented was an attribution license, I showed him what a CC0 license deed looked like, I told him in the US and some other countries derivative images are protected under copyright law, and I told him google image search is not always a reliable source for obtaining copyright free images.

Later on I also mentioned to the OP it would be best to get properly licensed royalty free or rights managed images, and if he or she does not want to pay for images then they should find a legit pubdom site and take his chances there. Keyword ---> chances.

I tried telling you I have been licensing photos for the past 13 years but I guess you failed to understand that the people that license images actually know a bit about photo licenses since it us that actually create and issue photo licenses on a daily basis.

We create the license and it's up to the licensee to follow the terms. If a potential licensee has a problem interpreting the terms then it is up to the licensee to ask the license provider to define and/or explain the terms.

In the case of the Creative Commons license, which is not a stock license in the traditional sense as it's usually not issued by a stock image company, you should ask the photographer that placed the image under Creative Commons licensing what you are allowed to do with the image if you are not sure.

Attribution required generally means exactly that...attribution required. Derivative works are just that....derivative works.. That said, if you ask the creator of the image nicely they may grant you permission for your project --> but I would be sure to get that in writing.

HOW CAN I LICENSE MY WORK?

There is no registration to use the Creative Commons licenses. Licensing a work is as simple as selecting which of the six licenses best meets your goals, and then marking your work in some way so that others know that you have chosen to release the work under the terms of that license.

http://creativecommons.org/

Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.

http://creativecommons.org/licenses/by/2.0/

Who Can Produce Derivative Works?

Only copyright owners have the exclusive right to produce derivative works based on their original, copyrighted works. Copyright on original works of authorship is automatic, and registration—while it does carry significant benefits, like the right to sue for infringement—is not required for a work to be protected; protection attaches immediately when the work is completed. However, a copyright owner can grant permission to someone else to make a derivative work based on his or her original—if permission is granted (in the form of a license or assignment), then creation of the derivative work is not infringement. But if the original isn't yours and you don't get permission to use the original from its creator, then you're infringing that author's copyright.

https://www.legalzoom.com/articles/w...-copyright-law

It's just that simple.

Cheers

-don

Thanks

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Jill Carpenter

11 years ago

Originally Posted by Southern Infotality

Don,

I have no idea why you tried to berate me in the beginning of this thread, but I have seen many people who tried to save money by not consulting an attorney only to see it cost them dearly.

I understand where you were coming from. Sounds like you won't be back in - but I'll give my thoughts anyway.

I think the "take away" here though is that if you are looking for details on what is allowed when driving your car and your driving license, then you can go to the DMV (not a lawyer) - and if you are looking for what is allowed to do with a photo found on the web, then consult with the photographer or where the stock photo was found as to the license and what you can do.

Anyway, this it why I try to take my own photos - or pay a measly dollar or two for images from the stock photo companies.

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JohnMcCabe

11 years ago

Originally Posted by miklanderson2

Another thing to keep in mind regarding use of Creative Commons images is the licensing requires that derivative works created using CC images be offered under the same license. I'm not a lawyer, but I'm pretty sure this means a T-shirt design you create using a CC image can be copied and used by anyone who wants to use it and you have little to no recourse.

Since you have to provide attribution and label the design as being a Creative Commons design, you'll be publicly advertising that your design is free to anyone who wants to take it and use it.

You may not be a lawyer, but in plain English that's exactly what it says.

Originally Posted by ForumGuru

...we would need a million more attorneys on the job.

Shudder...

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ForumGuru

Banned 11 years ago

Originally Posted by miklanderson2

Another thing to keep in mind regarding use of Creative Commons images is the licensing requires that derivative works created using CC images be offered under the same license. I'm not a lawyer, but I'm pretty sure this means a T-shirt design you create using a CC image can be copied and used by anyone who wants to use it and you have little to no recourse.

Since you have to provide attribution and label the design as being a Creative Commons design, you'll be publicly advertising that your design is free to anyone who wants to take it and use it.

Originally Posted by JohnMcCabe

You may not be a lawyer, but in plain English that's exactly what it says.

The exception to this rule of course would be Creative Commons CC0 Public Domain Dedications. CC0 is not actually a license, it's basically a formal waiver.

The person who associated a work with this deed has dedicated the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

Creative Commons & CC0 1.0 Universal

Dedicator recognizes that, once placed in the public domain, the Work may be freely reproduced, distributed, transmitted, used, modified, built upon, or otherwise exploited by anyone for any purpose, commercial or non-commercial, and in any way, including by methods that have not yet been invented or conceived.

Creative Commons & Copyright-Only Dedication (based on United States law) or Public Domain Certification

Since a CC0 image is in the public domain you won't need to make it known that it is in the public domain, you won't need to attribute, and therefor you won't be publicly advertising Creative Commons or any sort of free license on the image and/or derivative images.

Now all one has to do is cross the ol' fingers and hope the person that placed the image in the public domain actually had the rights to do so. Just one more reason why folks should consider using properly licensed stock images, especially on strictly commercial projects.

Cheers

-don

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Steve B

11 years ago

Originally Posted by Booster

I have made a search of public domain pictures (that I can modify and use for commercial purpose) using google images and its advanced search . . .

Booster,

I used to do the same thing . . . but not any more. Read this quote from Google Images, about usage rights, on their advanced search page (bolding is my own emphasis):

"Before reusing content that you've found, verify that its license is legitimate and check the exact terms of reuse stated in the license. For example, many licenses require that you give credit to the image creator when reusing an image. Google has no way of knowing whether the license label is legitimate, so we aren't making any representation that the content is actually or lawfully licensed."

The best to you,

Steve

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Booster

11 years ago

I confirm that presently I am very limited financially and an attorney could not be an option. Also, I will only use "true" public domain pictures.

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Public domain picture found using google image.

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