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Fair use of images

post #1 of 19
Thread Starter 
Anyone here who works on the web or in the legal profession have an understanding of how fair use applies to using images on the internet?

Let's say I am designing a page for a non-profit and I want to have a photo montage of three or four smiling, diverse people. I use Google image search and find the pictures, using only the heads. Would something like this fall under fair use?
post #2 of 19
As long as it's non-profit, I think you're safe. If you're really worried, just contact the source of the pictures and ask.
post #3 of 19
I don't think so. Unless an image is specifically stated as being under fair use, always assume it's copyrighted. I believe there are websites out there that are specific repositories for fair use images, however.
post #4 of 19
Thread Starter 
interesting

ยง107. Limitations on exclusive rights: Fair Use
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

"1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;".

"2.the nature of the copyrighted work;

"3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole;"

"and

"4.the effect of the use upon the potential market for or value of the copyrighted work."

"The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
post #5 of 19
It doesn't matter that you work or a non-profit, you will still need to secure rights for the picture/pictures you want to use. The chances that the person who holds the rights will ever come to your site or see that image you want to use are slim, but you definitely want to have that authorization.

Here are some sites you can go to to purchase or negotiate rights for stock images:

http://www.shutterstock.com/
http://www.geddy.com
http://www.comstock.com

You will have to see if the websites will allow you to contact the owners for free use privlidges due to your non-profit status, as many of these stock photo people are more brokers than owners of the properties.
post #6 of 19
Quote:
Originally Posted by Ludwig
It doesn't matter that you work or a non-profit, you will still need to secure rights for the picture/pictures you want to use. The chances that the person who holds the rights will ever come to your site or see that image you want to use are slim, but you definitely want to have that authorization.

Here are some sites you can go to to purchase or negotiate rights for stock images:

http://www.shutterstock.com/
http://www.geddy.com
http://www.comstock.com

You will have to see if the websites will allow you to contact the owners for free use privlidges due to your non-profit status, as many of these stock photo people are more brokers than owners of the properties.
Whether it is for profit or non profit does not mean a thing as far as copyright protection is concerned.
If you were to copy "Revenge Of The Sith" to a couple hundred discs and give them away, you would be just as guilty in the eyes of the law of violating Lucas's copyright protections as if you sold them.
THe idea the if you are not making money off of it it's OK to use copyrighted material has gotten people into real trouble.
post #7 of 19
Thread Starter 
OK, but I am not talking about duping a movie. Please reread the initial post, and then read the Fair Use aspect of the Copright Act, as provided above.
post #8 of 19
Looks like you'd be in the clear, then.
post #9 of 19
Quote:
Originally Posted by dudalb
Whether it is for profit or non profit does not mean a thing as far as copyright protection is concerned.
If you were to copy "Revenge Of The Sith" to a couple hundred discs and give them away, you would be just as guilty in the eyes of the law of violating Lucas's copyright protections as if you sold them.
THe idea the if you are not making money off of it it's OK to use copyrighted material has gotten people into real trouble.
That's what I just said. Not sure why you needed to quote me and say it again but oh well.

I am not sure that the Fair Use rules cover you 100% in this situation Dev. It looks sort of like they do, but I don't think it would hurt to contact the place where you found the image, find out if they purchased that image or created it, and go from there.

I've made 3 non-profit sites now where we have made use of stock photography, and always we have made the client purchase photos from the sites I listed above prior to use. We make nothing off of it, but it's pretty standard practice to cover your ass.
post #10 of 19
Actually, Fair Use may not cover you if the image is to be used to promote your site or used in site content. I think if you were just using it as part of an article or news item it would be ok?
post #11 of 19
Found this on Google:

http://elib.cs.berkeley.edu/photos/use.html

Quote:
Using the thumbnails

The thumbnail photos are the small photos that appear in the "browse" pages when you do a search, and at the top of each photo's "detail" page. For our purposes, a thumbnail is an image that is 194x130 pixels in size or smaller. Thumbnails can be used without prior permission under the Fair Use provisions of the Copyright Law of the United States as long as you include the proper credit for the photo (check the photo's detail page for wording). Please see below for an explanation of what constitutes Fair Use. Briefly, it applies to personal, academic, and other educational uses. If your use is not within the provisions of Fair Use, you may still be able to use the thumbnails, but you may need to request permission from the person or organization that contributed the photo.
post #12 of 19
Thread Starter 
We got the images from thumbnails, and they're to illustrate a section about voter registration (how to, history, changes that should be made to, etc).
post #13 of 19
I would say that you are all clear. Other stuff that I have read says thumbnails are generally all good, and that the crediting the source is not 100% necessary, just more of a courtesy.
post #14 of 19
Quote:
Originally Posted by Ludwig
It doesn't matter that you work or a non-profit, you will still need to secure rights for the picture/pictures you want to use. The chances that the person who holds the rights will ever come to your site or see that image you want to use are slim, but you definitely want to have that authorization.

Here are some sites you can go to to purchase or negotiate rights for stock images:

http://www.shutterstock.com/
http://www.geddy.com
http://www.comstock.com

You will have to see if the websites will allow you to contact the owners for free use privlidges due to your non-profit status, as many of these stock photo people are more brokers than owners of the properties.
When I said "as long as it's not for profit" I was talking about this particular case, not in a general way. I'm pretty sure I've seen image use go about publicly as long as it wasn't for profit, without seeing any sort of dischord. And I think the rule Devin posted is the reason. It's hard to tell without seeing what Devin has in mind for their use, but from what he briefly described, it really sounds like he's within the boundaries for fair use.
post #15 of 19
You need to secure the rights to the photos, by asking the permission of the authors. Or, you could use photos that have already been cleared by their authors for common use. There are plenty of websites for that cause, some you have to pay for, some you don't.

My personal favorite for my design projects is http://sxc.hu/

All pictures on that site are free unless otherwise noted, and the ones are are for sale are from the phototakers themselves, which beats the hell out of working with broker firms. Very honest people to work with, I've yet to have an instance of gouging there, and I've bought something like 15 photos from them.
post #16 of 19
Yk3 is right. It's possible you can get a way with using images, but I think this is one of those cases where it would be better to ask permission than to ask forgiveness.
post #17 of 19
There are commercially available packages of art that are licensed for public use (e.g. clipart) that includes photos of racially diverse people, etc. A CD/DVD of images along these lines can be found at a large office supply store. Images from these collections can be cut and edited and used for any purpose without any worry about rights infringement, AFAIK.
post #18 of 19
It's been a long since my intellectual property final, but let me try to help. I am not familiar with New York law as I practice in California.
Additionally, as I am not licensed to practice in New York, consider this to be merely my informal opinion and conjecture, and NOT professional advice.

You have two separate problems here:

1)Copyright:

Basically, in today's day and age, unless an item has been affirmatively "abandoned" or declared open for use it would be extremely imprudent to assume it is not copyrighted. Any analysis of your use of these photos should begin with that assumption.

As discussed above, I think your use of the photos will fall within the "fair use" proviso, with a few large caveats. Be careful that the use is truly non-profit, or the analysis changes.

Also, simply because a use is non-profit does not mean you have carte blanche. The photos you use should be drawn from individuals somehow involved in the voting process, or tangentially linked to voting, or individuals who have otherwise injected themselves into the public debate/forum on voting. As will also be discussed below, I think if you simply grab photos randomly you are asking for trouble, as I believe a very good argument can be made that using random photos is not truly fair use: you should use photos that have some relationship to the article you're writing. If you linked your photos intelligently to the article (i.e., this is the type of individual who did not vote in the 1950's, but votes now), you would be bolstering your fair use argument. Be careful, as I am sensing that you are not choosing photos due to their relevancy to your article, but merely because of the appearance of the individuals.

2)Invasion of Privacy (which has two prongs, discussed below)

Depending on the source of the photo, i.e., if the individual did not willingly inject a photo of their face into the public domain, your use of the photos might be construed as violating their privacy. Generally people cannot use private images for public use without violating someone's privacy unless the story or image is newsworthy or logically linked to the news story. Be careful in the photos you choose. I don't see how you're going to get around this problem without permission, unless these photos in and of themselves are directly linked to the article you're writing. I.e., the photos of these individuals should be drawn from news articles or sites that deal with voting, thereby creating a plausible link between your use of the photo and the content of your article (rather than you just randomly choosing a bunch of faces that have no connection with voting). I see this as being the biggest problem with your idea. However, if you grab photos of people that are themselves used in articles about voting, you'll be in the clear.

Depending on the content of your article, your use of individual portraits might be placing these individuals in a "false light", which could also cause trouble. For example, if someone wrote a site about gays in Hollywood, and included a photo of Tom Cruise WITHOUT expressing that he is gay, they would likely be liable for the "false light" prong of invasion of privacy. However, unless you are writing something truly inflammatory, this shouldn't be a problem.


**regardless of what you decide, withdraw a photo if you receive an objection. I have no knowledge thumbnails or otherwise, these are just general legal principles.

***if the photo is of a dead person, generally their right to privacy is considered extinguished, but not their copyright protection.

****that took about fifteen minutes, typically I would bill $75.00 for that. Man, my firm is making a killing....
post #19 of 19
It *sounds* like all Devin is doing is talking some thumbnails he found (not the full image) and recombining them into a work of art for use on his website. Thumbnails are treated differently than full-bore images, as long as they don't exceed a certain size. There seems to be some type of range though on the sizing depending on what you read. And keep in mind I am not a lawyer, just handy with Google.
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