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  1. #1
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    First of all apologize if this is not in the right thread.


    I am starting up a sports website covering collegiate sports. I can't afford to license photos for official use on my website yet. I want to stay legal on my website so what are my options?

    I can create a lot of graphics myself to use but it would be ideal to use action photos. What photos can I use legally or within fair use? Can I use logos etc?

    The whole issue of fair use is confusing. I would really like to use action photos. As of now I have been gathering photos on flickr that are under creative commons and do not have rights reserved. These photos will work but they are not the close up action shots. Any suggestions? Any literature I should read?




    Thanks.

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  3. #2
    Senior Member Webzarus's Avatar
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    Before using any logo, get permission in writing or email ( print a hard copy ) for your records. Trademarks ( are a completely different story and legal issue ).

    As for your using images from Flickr... Depending on how they were liscensed and requirement for use as well as original owner request or rights to attribution.

    If an image is published under Creative Commons, and the user requires attribution for the photo, then you must correctly attribute the ownership of the image. Just because something is published under Creative Commons, doesn't necessaiy give you open permission to use the photo. If the owner of the image doesn't require permission or attribution then by all means... Use it... But first you have to determine if its actually their image and they are not just displaying an image that they got from somewhere else.

    Laws are pretty clear when it comes to using other people's images, one of my clients uses a lot of images from Flickr... They ask permission for everything and keep a copy of the email as proof that they made a good faith effort to obtain permission from the person they found displaying it. Rarely do they ever display one they don't get permission for, because they did years ago, and got their site shutdown. At that time, they had asked the person ... Had not gotten an answer, but the image they were displaying was not his to give permission anyway, he had pulled it from another site.

    Most photographers are very finnicky about who uses their photos, but what you'll find is many that will give you permission, as long as you give them attribution and a link back to their web site.

    If you don't get permission, or at least document where you are getting images from, you're asking for problems down the road.

  4. #3
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    That is the road I am on now for now. I am scrolling Flickr now for photos where the rights say it is okay to use on my site. I jot down their down so I can give them credit.

    Riddle me this... Are most user submitted photos on Twitter and Facebook okay to use? Like fan shots taken at a game etc? Would it be okay to use this and attach their twitter handle?

  5. #4
    Unpaid WDF Intern TheGAME1264's Avatar
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    Depends on Twitter's and Facebook's ToS. Given the recent Instagram fiasco, I'd suggest that it probably isn't in the case of Facebook but I've never really bothered to look. The general rule those guys have is "if you upload it to our site, it's our property". It's a stupid way of doing things, but that's how it is. It's also one of the biggest reasons why 1) I never post photos of myself on Facebook and 2) I untag myself from any photo taken of me.
    If I've helped you out in any way, please pay it forward. My wife and I are walking for Autism Speaks. Please donate, and thanks.

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  6. #5
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    Yeah that was a huge fiasco. I personally don't see a problem with it as long as the photo that is on Twitter isn't copyrighted itself.

  7. #6
    Senior Member Webzarus's Avatar
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    See... Now you mention the one thing that anyone publishing on the Internet should understand, but only about 10% actually understand copyright laws.

    On the Internet, all ORIGINAL content is considered copyrighted the second you publish it, but that does not cover images, unless YOU take the image yourself. Then there's actually proving that you are claiming copyright I this images, either through watermark, meta info, etc.

    As for copyright infringement, I believe if I read the policy correctly on both twitter and Facebook, because of their policy, they both respectively hold copyright on any images published through their platform, meaning, its not the person who published it you need to ask for permission from, its twitter and Facebook that you have to get permission from.

    Point is, there is no cut and dry , simple answer to any of it when dealing with other people's images and content, the only thing I do know, no one can challenge your images, if you take them and have the original image somewhere.

    Speaking of legalities:

    Disclaimer: no statement above may be construed as legal advice in any form. This is general advice as provided, and should not even be considered as legal advice. All comments are based on personal experience or information not obtained from a legal consultant.

  8. #7
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    Yeah crazy subject. I have never heard of twitter cracking down on sites using "their" images though.

  9. #8
    Senior Member Webzarus's Avatar
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    Those kind of things don't normally get a lot of press ..

    I had 3 sites shutdown last year for copyright and trademark violations ... Not a peep about it anywhere.

    2 of the 3 are back up, but you think they are gonna use my trademark ? Doubtful, cause they know I'm looking.

    Oh BTW... This isn't legal advice, but it did come from someone who should know what he's talking about. 10 years ago, you could get away with copyright violations by claiming you didn't know. As I was told, ignorance of the law is not an excuse or acceptable defense anymore.

  10. #9
    Senior Member kralcx's Avatar
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    Use this site to get Creative Commons photos from Flickr
    http://photopin.com/

  11. #10
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    Thanks for the link. That looks like a great resource!

    When in flickr it says "some rights reserved"

    I am able to share and remix: Perfect..

    Now... When it says not for commercial use does not mean I can or can't put it on my website?


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