Question: I make greeting cards and have seen so many beautiful photos I'd like to use as a background. Is that legal? I don't see any copyright marks on any of them.
No.
Copyright in the US is automatic and does not require marking the image.
Sure, if you don't mind paying for your lawyer's Aruba vacation. The way I understand it, copyright is implicit. The little "c" in the circle is a nice reminder, but unless you have explicit permission to use someone else's artwork, you could be in trouble.
Of course, if you are making just one card to send to your girlfriend or something, it could still be illegal but there probably won't be a problem. But if you are thinking of selling them, getting wider distribution, and the original photographer finds out...
Get written permission from the owner of the photograph. I've already dealt with 5 copyright violation cases this year. The only winner is the attorney. Statutory damages are in the $10's of thousands of dollars, but even on a "walk away" the cost to the infringer could exceed $5,000.00.
Not yours, don't use it without the permission of the author.
Just because it's on the internet doesn't mean it's free to use.
The photographer (creator) owns the copyright.
I understand that using the photograph of another only for personal use does not require permission from the photographer.
When use involves money-making, then the user must gain copyright from the photographer. To stay on the safe side, you may wish to consult a copyright attorney.
stu352 wrote:
Sure, if you don't mind paying for your lawyer's Aruba vacation. The way I understand it, copyright is implicit. The little "c" in the circle is a nice reminder, but unless you have explicit permission to use someone else's artwork, you could be in trouble.
Of course, if you are making just one card to send to your girlfriend or something, it could still be illegal but there probably won't be a problem. But if you are thinking of selling them, getting wider distribution, and the original photographer finds out...
Sure, if you don't mind paying for your lawyer's A... (
show quote)
anotherview wrote:
I understand that using the photograph of another only for personal use does not require permission from the photographer.
When use involves money-making, then the user must gain copyright from the photographer. To stay on the safe side, you may wish to consult a copyright attorney.
WRONG!!!
Show me that in writing.
You may be confusing model release needs with copyright law.
I have heard that if you post an image on facebook or other sites they have the right to use it anyway they want. Is this true or false?
philo wrote:
I have heard that if you post an image on facebook or other sites they have the right to use it anyway they want. Is this true or false?
If it's in their user agreement...
Dik wrote:
If it's in their user agreement...
that's one of the reason that i don't use social media.
anotherview wrote:
I understand that using the photograph of another only for personal use does not require permission from the photographer.
When use involves money-making, then the user must gain copyright from the photographer. To stay on the safe side, you may wish to consult a copyright attorney.
Probably pretty safe there.
philo wrote:
I have heard that if you post an image on facebook or other sites they have the right to use it anyway they want. Is this true or false?
Read the Facebook agreement, it might be in there.
I wouldn't go by hearsay, it's become pretty rouge of late.
But it does not give others (viewers) the right to use it.
Longshadow wrote:
Probably pretty safe there.
You can probably get away with the petty theft of intellectual property, and violation of US copyright law.
The chance of the photographer having registered the copyright, and discovering your violation of it are very small.
The cost to you if caught can be huge!
The bigger deterrent should be your own morality.
Dik wrote:
You can probably get away with the petty theft of intellectual property, and violation of US copyright law.
The chance of the photographer having registered the copyright, and discovering your violation of it are very small.
The cost to you if caught can be huge!
The bigger deterrent should be your own morality.
If you use it as a background or screen saver...
At least I don't think they are searching PCs yet.
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