Forum Moderators: not2easy
They don't identify themselves as the copyright holder, they don't contact and say "perhaps you were aware we hold the copyright, please remove the image". Instead, they attempt to threaten and intimidate small businesses into paying them large sums.
If they were serious about protecting their copyright, all they would have to do is add this (c)imagelibrary.com to each image
Has anyone else run into this? What is the best course of action? I removed the image IMMEDIATELY when I was made aware of the problem. When the lawyer for the company started trying to get heavy with me, I just cut off all communication with him, blocked his e-mails and refused his correspondence.
I removed the photos as soon as photolibrary.com contacted me and now they are threatening me and trying to extort money from me.
The photos I used did not contain ANY (c) indicating that photolibrary.com owned them
They don't have to ..the only ones you can use are those specifically marked as being " copyright free for personal and / or commercial use" ..
I think abbeyvet questions need to be answered first.
I have just filed a complaint with the FTC re: misrepresentation, unfair and misleading business practices. If others have had this experience, I encourage them to do the same.
The bottom line is this. If they have copyrighted photos for sale, then they need to clearly identify them as such and give people an opportunity to purchase them. This way they are deliberirately misleading people, coming in through the back door and attempting to extort funds after the fact.
Oops there is a site by the name of one of the fictitious names I used. From now on lets call them:
widgitphotolibrary.com
and
popularwidgitphotos.com
Moderators, can you please edit. My Allowable time to edit post has past. Thanks.
none of the photos on that site have the marking copyright free and for personal and commercial use.
In that case you MUST assume that all photos on the site are subject to copyright restrictions.
The onus is NOT on the site to tell you this, copyright must be assumed unless it is explicitly stated that none applies. It is YOUR reponsibility to determine the copyright status of any image you plan to use and to ensure that you have the right to use it.
some photographs that are submitted by professionals and some that aren't
Whether an image was created by a professional or not has no bearing at all on its copyright status.
There is absolutely no requirement for anyone to mark an image in any way in order to assert copyright. Nor is there any need for them to specify that copyright is not available - those things must be assumed.
Having said that, most sites of the type you describe have terms and conditions that state quite clearly what can and cannot be done with images that are downloaded.
Was use of the site and the images on it subject to terms and conditions? Did you agree to these terms and conditions when you used that site and downloaded the image? Was your use of the image within these terms and conditions?
In that case you MUST assume that all photos on the site are subject to copyright restrictions.The onus is NOT on the site to tell you this, copyright must be assumed unless it is explicitly stated that none applies. It is YOUR reponsibility to determine the copyright status of any image you plan to use and to ensure that you have the right to use it.
But the terms and conditions when members of the public SUBMIT photos indicate that the photos can be used. The site is DELIBERATELY being misleading. They are mixing everything in together and not identifying clearly those that can be used and all of those that have copyright restrictions. They only identify SOME of the photos that are copyrighted. Do you get what I am saying?
The terms and conditions indicated that there are SOME professional photos that can't be used BUT they don't identify them clearly. THAT is the source of my concern. I am not clairvoyant.
Have we reached the point that no one should use photos on their website unless they were taken with their own camera? It's going to be a mighty boring an lack lustre internet of the future.
Have we reached the point that no one should use photos on their website unless they were taken with their own camera? It's going to be a mighty boring an lack lustre internet of the future.
We have always been at that point legally. There are three ways that you can be sure you are legal.
1) Photograph or draw the image yourself.
2) Buy the rights to use the image on the web. Just buying a photo or graphic and scanning it is not a legal way to get redistribution rights.
3) Get explicit in writing permission from the copyright holder to use the image. And be sure that they are the real copyright holder. I have seen a lot of taggers try to claim copyright to graphics that they have stolen.
[edited by: maccas at 5:42 pm (utc) on Dec. 16, 2006]
indicate that the photos can be used
Used for what? You mentioned screensavers - are those who upload images consenting to people using those images as screensavers or for other personal use, or are they consenting to completely waive copyright?
Do the terms say that some images may be freely used for commercial purposes, some not? That would be strange and misleading. Or are they referring to personal use?
If there are indeed images that can be used, reproduced, publised and so on, and others that cannot, that too is very misleading.
Without seeing how they define 'use' it is really hard to know. It would be MOST unusual to have those uploading images waive all rights, though it is quite common that people would be allowed use images for personal purposes - eg screensavers or the like - but not to use them commercially.
I have removed the image and temporarily uploaded an image taken with my own camera and cropped it to the same size. Thank God I am going to the part of the world where the image came from and I will take my OWN photos. In the meantime, I have asked my designer to just replace that spot with a block of blue and the name of my company.
I have been planning to take a professional photography course for a LONG time. This has just motivated me to sign up for January and invest in a top rate camera before I go. I have HAD it.
