013: Using Photos In A Way to Lessen Copyright Violations - a podcast by AMD LAW Group: Brand Protection Lawyers

Download this episode In this episode, we discuss how to use photos in a way to lessen copyright violations. The lead-off quote:

The best thing about a picture is that it never changes, even when the people in it do.”

— Andy Warhol

Always ask permission to use a photo. The first step in legally obtaining copyrighted images is to simply ask permission from the owner. It’s very important that you make sure the person you’re asking has the rights to license the image. You’re going to want to explain how you’re going to use it and give them a URL of where it is going to go. If they agree, they may insist on strict guidelines for the use of the image. They may only let you use that one image in that one instance, so it’s important to know what parameters you can use the image in before you give it many purposes. Other things to keep in mind are that the owners might ask you to pay a fee when you request their permission for their material. Finally, but maybe most importantly, you should ask well in advance before you plan on putting the image on your site. Allow yourself time to obtain sufficient permissions. Give proper credit to the creator of the photo. The copyright to the photo image is owned by the photographer, not by the image in the photo. So if the photo is of a celebrity, the photographer owns the copyright not the celebrity in the photo. If you’re granted permission to use someone’s photos, you’ll usually be given instructions on how to credit them. Often, the instructions for use can be found in the terms and conditions of the website displaying the photos. These terms and conditions specify how to acknowledge them in their terms of use, so make sure you read the terms and conditions carefully. If there is no formal instruction, just adding their name and a link from that to their website may not be sufficient. It is best to contact them. Understand the Fair Use Doctrine. Under very specific circumstances, you may be able to use copyrighted material without permission. This can be done if your use of the material falls under the Fair Use doctrine in copyright law. In order to find out if Fair Use applies to you and your plans, consider these four factors: The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes The nature of the copyrighted work The amount and substantial portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work. Use images with Creative Commons licenses. One very useful and convenient alternative to seeking permission is to look for photography with a Creative Commons license. These are images distributed by photographers that have terms of licensing that users must abide by in order to use them. This means you won’t have to contact the image owner for permission, but it does mean that you’ll have to follow the licensing term that the owner is granting. Purchase Stock Photos. If your site needs an image fast, you can always buy images from low-cost stock photography sites such as iStockphoto. If you’re willing to spend even more money, you can find better quality images from sites like Shutterstock or Getty Images. Basically, the higher quality the photo, the more money it’s going to cost.

 

TRANSCRIPTION

Hello and welcome to the IS MY BRAND PROTECTED? podcast. I am Aurelia Mitchell Durant your host for today and today we're going to talk about how to properly use photos the leadoff Quote for today is from Andy Warhol. The best thing about a picture is that it never changes even when the people in it do. Visual Media has become instrumental in designing a website and creating a social media or Internet presence. But if you don't own the photos that you plan on using How do you go about getting the photos you need. Grabbing pictures off google images or some other Web site when you don't own the pictures is not cool. There's a notion with the internet that is like a buffet and you can pick what you want even if you don't own it because it was put out in public. But that's not actually true. You actually could be committing copyright infringement and open yourself up for damages and sometimes those damages can be significant. So what do you do? The most preferred way is to ask permission to use a photo. This is the first step in legally obtaining copyrighted images and this means that you asked permission from the owner. It's important that you make sure that the person that you're asking has the rights to license the image in the first place. You're also going to want to explain why you're going to use it and give you are well the Web site for example where it's going to go if they agree they may insist upon strict guidelines for the use of the image.

They may only let you use the image one time for example. So it's important to understand what your parameters are so that you can make sure that you're using the image properly. Other things to keep in mind is that the owners might ask you to pay a fee when you request permission to use their material. Additionally, you should ask well in advance of when you're planning to put the image on your Web site or use it in social media allow yourself sufficient time to obtain the proper permission. You could also give proper credit to the creator of the photo the copyright of the photo image images owned by the photographer, not by the image in the photo. So if the photo was of a celebrity the photographer owns the copyright. Not the celebrity that's in the photo. If you are granted permission to use someone else's photo you'll usually be given instructions on how to give them proper credit. These terms and conditions of credit are very very important and you should make sure you follow proper instructions. Also, you should understand the fair use doctrine under very specific circumstances you may be able to use copyrighted material without permission. This can be done if your use of the materials falls under the Fair Use doctrine of copyright law. There are four things to consider. Relative to the fair use doctrine. 1 What is the purpose and character of your use including whether your use is of a commercial nature or if his for a non-profit educational purpose to what is the nature of the copyrighted work itself?

3 The amount or the substantial portion that you will use in relation to the copyrighted work as a whole. Are you using substantially all of it? Are you taking a little piece of it and for the effect of your use on the potential market value of the copyright at work. One very useful and convenient alternative to seeking permission is to look for photography with a Creative Commons license. These are images distributed by photographers that have come with terms of licensing that users may abide by in order to use the photos. This means that you won't have to contact the image owner for permission but it does mean that you have to follow the licensing terms that the owner is granting. Also, you can purchase stock videos if your site needs an image fast you can always buy the images from a low-cost stock provider such as stock photos. If you're willing to spend even more money you can find better quality images from sites like shedders shock and Getty Images. Basically the higher quality of the photo the more money it costs. I hope this gives some insight into how to properly use images on the Internet. Thank you for listening to this episode of The Mind brand protected podcast. Be sure to subscribe and visit us on the web at www.ismybrandprotected.com. Safeguarding Your Dreams by protecting your brand.

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