Using images from television

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   jansharesposted 12 years ago

   I took pics with my camera of images on my tv screen. Is it legal to use them? Edited? Specifically, is it illegal to use them in monetized hubs?

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   StayAwakeNowposted 12 years ago

   I don't know the case. But I think if they're not copyrighted, then you could use them freely. Just beware, the pictures you took can be copyrighted without you knowing it.

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   Kangaroo_Jaseposted 12 years ago

   No, all television programs including advertising is copyrighted. Be careful you don't infringe on product trademark too.

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      StayAwakeNowposted 12 years agoin reply to this

      So all television programs are copyrighted? That's good to know.

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         Kangaroo_Jaseposted 12 years agoin reply to this

         Yes all programs are copyrighted. You can usually see this at the end of the credits of a show.

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   ftclickposted 12 years ago

   You may get away with using a general scene or shot from TV that can be duplicated like: traffic in NY, a famous building, an aerial shot of central park, etc but definitely not an actor. However, I have seen some clips used in multiple instances on youtube.

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5. 94

   jansharesposted 12 years ago

   The pics were taken of the inauguration while watching C-span. I cropped out all screen text and used photo gallery to edit/re-color. So I guess I can only use them to make my own personal photo collage of the event. Thanks guys for your help.

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   cptjarumposted 12 years ago

   I always thought that if you properly reference the material it would be okay but I am not sure.

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      jansharesposted 12 years agoin reply to this

      Thanks, cptjarum.

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   psycheskinnerposted 12 years ago

   No, it is under copyright.

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      jansharesposted 12 years agoin reply to this

      So C-span would probably deny the request to use them.

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         psycheskinnerposted 12 years agoin reply to this

         They probably would not even entertain a request from an individual. Their material is theirs, or syndicated in a high dollar deal.  I never see them give one-off permissions.

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8. 71

   MattWritesStuffposted 12 years ago

   I believe shots of a TV show would fall under fair use laws, in which case you'd be fine to use them. Fair use extends entirely to copyrighted works like television shows. Wikis for just about every show on television employ the fair use excuse all the time and can happily post as many screencaps as they like. Just don't go overboard posting pictures on any hubs you might create and you'll be fine.
   
   If you want more info on fair use, check out this article. The author is the first to admit that you should look to a tried-and-true lawyer for a definite answer, but it's still a good starting point - and should make you feel better about posting screencaps. http://lifehacker.com/193343/ask-the-la … s-fair-use

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   psycheskinnerposted 12 years ago

   I do not see how it would fall under fair use.  And what websites are doing is assuming the networks won't bother suing them.  Which is most likely correct but does not make it legal.  And in this case where you are transferring the liability to Hubpages who probably do not want to take that risk.

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10. 71

    MattWritesStuffposted 12 years ago

    I don't see how it wouldn't fall under fair use. Fair use is intended as an exception to standard copyright laws wherein authors using a small portion of a copyrighted work - like a screen capture - don't have to seek permission beforehand. The article I posted earlier cites a case where a company won a court case against Sony under fair use laws after having used screen captures of a PlayStation video game in their advertising without permission. Here are some more details. http://www.theregister.co.uk/1999/04/12 … eats_sony/
    
    If you're unsure, apply your potential usage of a screen capture against the four factors governing fair use. If it passes muster, I don't see why using a screen capture in a hub would ever get you in trouble. http://fairuse.stanford.edu/Copyright_a … 9/9-b.html

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    psycheskinnerposted 12 years ago

    The work could easily be defined as the frame, not the broadcast. Also the use itself needs to meet certain criteria. Fair use is ultimately determined in the courts. It is not explicitly defined other than by precedent (video games have a fair-use-friendly precedent, news broadcasts do not).
    
    There is a good discussion here: http://lifehacker.com/193343/ask-the-la … s-fair-use -- but I would err on the side of caution when writing for the third party website.

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12. 71

    MattWritesStuffposted 12 years ago

    Uh... yeah, I already posted that link. As for the courts determining whether something is fair use or not, you could argue that for almost any law. If we had to wait for the courts on absolutely every decision with even moderately questionable legality, society would grind to a halt.
    
    Ultimately, if you feel nervous about infringing on copyright laws, then don't use any screencaps. The question is never raised if you never post anything. But I'd say the chances of getting in trouble over any are about a billion to one, and I plan to continue using screen captures of video games in my own hubs. Heck, ages ago I used several screencaps in a hub and the company that made the game tweeted my article to all of their followers. (Wasn't a small company, either. They make the Grand Theft Auto series.)

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    psycheskinnerposted 12 years ago

    I would be more worried about doing what Hubpages finds acceptable, in this setting. So OP could send an email query.
    
    And a lot of the law is much more specific, and you are in compliance or not. Fair use is a PITA for someone who works in education. No-one agrees about what is in and out unless there is a closely relevant precedent.

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    jansharesposted 12 years ago

    Excellent discussion fellow hubbers. Both sides of the argument make sense to me. However, I'm beginning to think that since the same feed of the inauguration was used on most channels, it would be difficult to determine which network has the copyrights. That seems to be a criteria good enough to support fair use, you think? I do agree, though that I wouldn't want to intentionally post images that violated HP rules. But jeeez, the pics of the President and First Lady, who are public servants, are splattered all over the place from yesterday's event. It would seem that their images, unless taken by a professional photographer, are fair game for all to use. Thanks for the additional info, I will read the links.

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    AMFredenburgposted 12 years ago

    How about contacting whitehouse.gov? You may be able to get permission to use their pictures; .gov sites are typically in the public domain, because they're paid for by public money.

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       jansharesposted 12 years agoin reply to this

       Thanks, good idea. But there's something about using my own, even if they were derived from someone else's video feed :-) I probably will just keep them for memories sake.

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