images I am allowed to use on a hubpage?

1. 70

   Gone Fishin Clubposted 12 years ago

   I have some images I got from online newspapers and other sources, they are not what I consider in public domain, if I tell where I got the pictures from is that permissable to use on a hub page?   
   
   http://i.usatoday.net/communitymanager/ … -large.jpg
   
   this image would be an example of a pic I would like to use, I just need to know if I can use it and what I need to note for source so I can use it on Hubpages, thanks Gary

   replyreport
   1. 40

      Greg Sageposted 12 years agoin reply to this

      To use any image, you need permission.
      
      If you use Google, go to image search, then hit advanced options, and check to show only results that have licenses which allow commercial re-use.
      
      I believe other search engines have similar features now.

      replyreport
      1. 79

         Sally's Troveposted 12 years agoin reply to this

         This advice is misleading. There are images in the common domain which need no permission because they belong to no one, and there are images covered by Creative Commons where use without permission may or may not be conditional. It's a complex topic.
         
         
         This is helpful.

         replyreport
         1. 40

            Greg Sageposted 12 years agoin reply to this

            It's really not all that complex. 
            
            You need permission.  People seem to love to convince themselves otherwise, but that's the crux of it.
            
            For an image to fall into public domain, it would have had to run it's course of copyright term, or been released by the owner.  Intellectual property rights are automatic, and reserved by default.
            
            I've also seen plenty of images on "public domain" sites that were clearly NOT put there by the owners.
            
            I see the same thing in music.  Many "royalty free" sample cd's are nothing more than stolen snipets of music now claimed by the proprietors to be royalty free.  The problem, of course, is that they don't have the rights to use it in the first place.  There are lawsuits over this, and the end user always loses.
            
            
            No, simply taking a photo of someone else's work, or other mechanical reproduction does not mean you're off the hook either.
            
            Someone who's just trying to grasp the basics on the subject could chase their tail around in circles, or they could simply realize one thing:
            
            You need permission.
            
            If your point was that cc license is not the only means of granting that permission, point taken.
            
            I mentioned needing to find one in the case of cc that allows for commercial reuse.  Technically, there could be riders placed on that, but a simple answer to the OP's question would be:
            
            
            
            1   No, you can't do that.
            
            2   Much better and easier to start with a search that only shows images with permissions stated.
            
            3   Ignore everything you hear about "fair use."  It's misleading and does not apply to what you are doing.

            replyreport
            1. 0

               Website Examinerposted 12 years agoin reply to this

               I almost exclusively use public domain images, based upon careful research. I am aware of commercial publishers that do the same thing. Public domain images are very important for people who know what they are doing.

               replyreport
   2. 79

      Sally's Troveposted 12 years agoin reply to this

      It is not always permissible to only cite the source. You must do your due diligence by investigating how the image can or can not be used. The best place to start on any site where you find an image you want to use is in the privacy, tos, or about sections. The site will be quite clear about use.
      
      USA Today, as almost all sites, is clear about this in their TOS:
      
      "Your Limited Right to Use Site Materials. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site..."

      replyreport
2. 70

   Gone Fishin Clubposted 12 years ago

   ok, so does the pic I sent   the link to fall into creative commons?
   
   http://i.usatoday.net/communitymanager/ … -large.jpg
   
   it seems all the news sources are using the same picture? Thanks Gary

   replyreport
   1. 79

      Sally's Troveposted 12 years agoin reply to this

      If everybody decides to rob a bank, does that mean it's right?
      
      Think of it this way, USA Today and the other news outlets where you saw the image pay for the right to use this image. They get this right via contractual agreements they have with syndicates or private parties. Unless you have some similar agreement, you can't use the image.
      
      But, if you can find the image owner, you can always approach that person or entity and ask for permission, which, 9 times out of ten, will be granted.

      replyreport
3. 40

   Greg Sageposted 12 years ago

   Yes... I tried to simply give a quick and useful answer.
   
   If I had spent more time on my first response, I would have mentioned that cc is not the only means of granting permission, and that image owners may grant their permission by other means.
   
   
   What I was trying to get across... if stated too plainly... was that permission must be granted.
   
   I am assuming, of course, that the digital images in question are not so old as to have fallen out of copyright.... which will seldom if ever be the case since even something as simple as a photo of the Mona Lisa will have copyright attached to the photograph, and will still be within term.
   
   I'm really just trying to make it simple for the OP by saying:
   
   You need permission.
   
   If it is younger than you are, and it is in the public domain, then this permission has been granted.
   
   One might note, however that the fact that an images appears on a "public domain" website does NOT necessarily mean that it is public domain... any more than if one of your hubs were stolen and printed elsewhere would imply your relinquishment of ownership.
   
   Of course one could simplify the entire perennial debate with a single phrase:
   
   You need permission.

   replyreport
4. 70

   Gone Fishin Clubposted 12 years ago

   hello, ok thank you all very much I have emailed his brother for permission to use the pic, hopefully he will get back with me, I have had good luck getting permission in the past if I can ever get ahold of the people on the phone. Again thanks for all your advice, I want my hubpages to be legitimate and legal. Thanks, Gary

   replyreport
   1. 0

      Website Examinerposted 12 years agoin reply to this

      I wish you good luck with that, you are obviously doing the right and decent thing.

      replyreport