What is the law with using other's pictures?

[platinumsilver]

Hi all, wondering if anyone knew some details about the laws governing the use of other sites pictures on your site. I'll split the question more clearly, and assume this is for a commercial site that does aim to make money eventually.

1) Can I use pictures if they are clearly labeled as copyrighted?

such as: http://www.qamishlinet.com/qam_images/sport/Fernando_Torres.jpg

2) Can I use pictures from other sites if they are not labeled?

http://www.virginmedia.com/images/fernando-torres-400x300.jpg

3) Do I have to ask for permission to use either?

4) Can I use pictures of cars from other sites? (either labeled or not) or clearly branded objects and discuss their strengths, and especially weaknesses (or can this be considered an attack by, say, mercedes lawyers)

http://www.thetorquereport.com/2008_mercedes_benz_c_class.jpg

5) I plan to have a lot of people send pictures taken by themselves. However, I am sure some will send some from the internet that they have not taken. Am I responsible for this, and is there a way of making sure the photo sent is legitimately taken by the member?


Thanks in advance,

platinumsilver

 

[kellie]

An image that is not in the public domain is a copyrighted work of the photographer, or the agency/organization who licensed/bought the photo from said photographer, whether labeled or not. Using it without express permission opens you to a DMCA complaint and possible litigation.

You are ultimately responsible for everything that you place on your website. Services such as flickr get around this (but still have to deal with it) because their users put the content on the site, not flickr employees directly.

There are so many great sources of legitimate and royalty free images out there, please do not use images without permission.

 

[weblord]

1. just ask permission for it if it's obvious to you that it's copyrighted, maybe the site owner has one that is for public use.

2. always assume that they're not for public use until you know it.

4. mostly sites will allow you to place their logo on your site provided you will be giving them a positive feedback not a negative one.

5. place a disclaimer that will make you safe. hire staff as well to research this for you.

 

[tinner666]

I always ask permission and only post the ones I get permission for. I asked for several on a public DIY forum 4-5 days or so ago and got permission to save them and add to my site.

 

[Dean]

5. Wait for the result of the Youtube lawsuits and see the answer. I think you are reasonably safe with it but if u are informed of an infringement then u have to take action to remove it and to stop repeat offenders.

 

[platinumsilver]

Thanks guys for the quick and solid answers. Will let you know when the site is ready!

platinumsilver

 

[Jeffrey]

I put credits on my site, or a link of the site where i got the picture.

Sometimes, if i dont or forgot to put links on my site, i just say i got this from a site somewhere. What i'm saying is i make sure to directly or indirectly tell my readers that i dont own those pictures.

If the original owners wants me to take it out, i would readily oblige.

 

[SonnyCooL]

if u are big shot ...putting credit, note, redirect or what so ever disclaim it won't help ....
my friend site use two pictures from other site, end up paying usd 200,000 for each pic before the case go to court ...