Are these photos allowed?

1. 80

   WriterJanisposted 18 months ago

   I've noticed that sometimes when I'm searching for photos that I find some that are screenshots from TV shows that are under Creative Commons licensing. Is it OK to take a photo of a TV show and use it for an article?

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      Jan Stepanposted 18 months agoin reply to this

      This is very complicated and often a grey zone. The short answer would be no since you don't have the copyright rights.
      
      However, for instance, in gaming – you can take a screenshot and use it without any issues (as long as you don't claim to have the copyright). And, if you modify the screenshot enough for it to become a "significantly" different photo, then there are two copyright owners.
      
      I suppose the same goes for TV shows, but I am not 100% sure.

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   2. 82

      Justine Guiaoposted 18 months agoin reply to this

      I had the same dillema whenever I want to write an article about a certain movie or show.
      
      I ended up stop writing such articles because there are little to no free to use images of movies/tv shows available online.

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2. 60

   Ruhi Srivastavaposted 18 months ago

   I am new here and have the same question. I am using photos from Unsplash.. Is it okay to use photos from other sources like Google, screenshots etc?

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      Jan Stepanposted 18 months agoin reply to this

      Unsplash and Pexels are safe sources in the sense that you won't get in any trouble since the photos there are free to use, both for commercial and non-commercial purposes. However, be aware that photos under the Unsplash + license aren't.
      
      In terms of Google, you need to check the license, but in most cases, you can't just take a picture from there simply because most of them are protected by copyright.
      
      My tip: always take the safe road. It isn't worth the risks. One of the news sites I worked for had to learn it the hard way.

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3. 67

   PaulGoodman67posted 18 months ago

   I agree with Jan.
   
   There's a "Fair Use" rule in the US that can potentially be used in certain circumstances but it's a grey area. If we were using images for purely educational purposes, it would be an easier argument to make, but we make a profit from articles via advertising.
   
   The safe thing to do is just use (public domain) images from Pixabay, Unsplash, etc, or use our own photos that meet copyright laws.

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4. 69

   psycheskinnerposted 18 months ago

   I think that a picture of a TV show in an article discussing that show is likely to be fair use.  Just to use it as a picture... not so much.

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      Jan Stepanposted 18 months agoin reply to this

      The "issue" is, as Paul correctly says, that we make money through our articles. Even though the sums are, in most cases, very small, it makes for enough argument to get in trouble. That's why I play the safe game, just in case.

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      1. 69

         psycheskinnerposted 18 months agoin reply to this

         Yes, none of us are lawyers so it depends on risk tolerance.  For any given production and display there is a varying level of tolerance for what is fair use and what is meant to be marketing material you can use. Book covers for example, everyone feels free to use.  Video game screen shots, typically okay. Television is a big "it depends".
         
         Whether you make a profit is not totally black and white either.  I am currently writing a textbook and will be including textual quotations under fair use even though the book is sold for a profit.  However, for images, I will get permission or not use them. Technically both words and images are creative work in fixed form (under copyright) but the culture and precendent is a bit different.

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5. 67

   PaulGoodman67posted 18 months ago

   It's also important to note that Creative Commons licensing is not one thing but a range of licenses from public domain to very restrictive, you have to read the precise legal restrictions over the use of the image that are given in each case. Hubpages is "commercial use" so that has to be allowed by the provider.

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      WriterJanisposted 18 months agoin reply to this

      Thank you everyone for your feedback. I will refrain from taking pictures from the TV and using them.

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6. 67

   PaulGoodman67posted 18 months ago

   There are ways around the restrictions sometimes. You can see how some photographers approach the problem on Unsplash.
   
   When writing book reviews, I've used photos of me physically reading a book by the relevant author and also used photos of my bookshelves with author's books on it.
   
   I suspect that in practice, you're unlikely to get sued by a copyright-holding individual or company unless 1. They think you have money 2. You're damaging their brand or reputation.
   
   Positive articles, especially if they publicize a product, such as a book that the author/company stands to gain from sales, seem unlikely to be targeted in my opinion.
   
   Nevertheless, I think it's generally best to err on the side of caution.

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