Copyright free images - or are they? UK relevant info
First The Warning
I am not a copyright lawyer. The information provided here is the result of much research and the successful reclamation of monies owed to me for infringement of my copyright. Most sites like Hubpages have lots of advice from people that have used images without consent but very little from the other side, the photographer, who is often seen as the bad person for expecting to be paid for his or her work.
I accept no responsibility for any inaccuracies in this page and I cannot stress enough that if you find yourself on the wrong end of a Digital Millennium Copyright Act (DMCA) Complaint you really should seek legal advice at the earliest opportunity.
What I will try to do here is to help you to avoid ending up in that situation.
Is that image I have seen on the web copyright protected?
In short the answer is YES. The moment a photographer presses the shutter release and creates an image they own the copyright. They can do with the copyright whatever they want. What you can do with the image is up to them.
Its on the internet so I'm free to use it: Wrong, any image on the web is the copyright of the person that took it.
Its Public Domain: Many people believe that something being in the public domain makes it public domain they are two different things. The image may be public domain if the image is over 70 years old if its not then it is most likely not not. Just because its out in the public domain ie on many sites on the internet doesn't make it a public domain image. Check here for the full meaning of public domain http://en.wikipedia.org/wiki/Public_domain
It Doesn't matter they can't find me: You would be surprised how easy it is to find you. You have a hub you have a paypal account associated to it to collect your earnings, the paypal account gets paid into your bank, they have your address, didn't take long did it?
I got the image from a stock website: Have a look here http://www.sxc.hu/help/7_2 look at the section entitled Information on rights.they exclude almost every use of the image including the uses they list in the you may use the image to section. They tell you you can use the image in advertising materials but then say they dont include a model release or can't be sure the model release is valid. If the image has an identifiable person in it you should have a model release if you use the image in a way that may indicate that the person is promoting the product. Expect the person's solicitor to contact you if the person doesn't like the product or service you have associated them with. Check the section entitled important the tell you here you are solely responsible for the use of the images and should confirm usage with the photographer before you use it. You also agree to indemnify the site against misuse of the images so now you have to pay the photographer and the sites legal fees. Not such a cheap image now is it?
So how do I get images I can use
you can use the stock sites but always take the time to contact the photographer before you use the image. Build a relationship with a photographer or photographers that are happy to provide images for you in exchange for a link to their website. Not all photographers will do this but some will, usually up and coming photographers, there's no point asking David Bailey for one of his images in return for a link he doesn't need the publicity. You do your research to get the information for the text of your hub so why not for the images too. If you build a relationship with several photographers they will probably all visit your hub pages to see what images you are using so you may increase your own traffic by doing this. Some photographers that have never had an image published before will be pleased as punch and will send all their friends to your hub page to she the image so thats even more traffic to your site
You can always take them yourself but that can take a lot of learning and if your thing is writing not photography you may find it difficult, My thing is photography not writing, this was hard work for me.
In my article originally I placed an image with a watermark in it. This is apparently against Hubpages rules so I now post one with no watermark, this will not help in your quest to obtain images as the watermark helps the photographer protect their work
I hope you have found this article useful. if you want more information please let me know, I will either amend this article or create another. This is my first hub page so please be gentle when pointing out all he things I have done wrong. Above all just remember the photographer is just trying to make a living just the same as you and if he deprived you of some income you would be as annoyed as he is
My Other Hubs
- Why do photographers charge so much for using Copyright images
A simple explanation to help people understand how much it costs to produce a simple image and why the photographer doesn't want you to borrow it.
- Image copyright - Why all the fuss from photographers?
A brief guide explaining why photographers get upset when you "borrow" their images