Photobucket and copyright?

1. 79

   Rose Westposted 14 years ago

   Has anyone ever run into copyright issues using images from photobucket? I like the selection at photobucket, but it seems like people post a lot of photos they probably do not own. I like using photobucket, but there's this thought in the back of my mind wondering if I've stolen someone's photo and I'm going to get fined or something. Anyone have any thoughts?

   replyreport
   1. 61

      LaViejaposted 14 years agoin reply to this

      I don't know about photobucket as I have never used it, but I would be very careful. I think it probably depends what you are going to use the photos for. I know that places that give images for free exclude using them to put on t-shirts, mugs etc for sale, but are okay with personal use. Sorry couldn't be more helpful but am sure another hubber will be along in a minute with the answer!

      replyreport
      1. 79

         Rose Westposted 14 years agoin reply to this

         thanks for your help... I only want to use the photos for hubs. So I'm not selling them, but I do reap benefits in a sense.

         replyreport
         1. 86

            Marisa Wrightposted 14 years agoin reply to this

            If you're using them on Hubs and you're signed up for Adsense or any affiliate program, you're using the photos as part of a money-making venture and that's considered commercial.
            
            Even if you were using the photos on your own, non-monetized blog, it's illegal to use copyrighted photos, including the ones on Photobucket.
            
            You can use Flickr Advanced Search as I suggested.

            replyreport
            1. 79

               Rose Westposted 14 years agoin reply to this

               Yes, I totally understand about it being commercial, that's why I'm so concerned. I try to be really careful where I get photos. I thought for a while that photobucket was ok because of what the terms of use say. But I guess I was wrong. It's good to hear everyone's feedback.

               replyreport
2. 0

   moonphlowerposted 14 years ago

   I use pictures from photobucket for everything (minus a few personally owned ones I throw in)...for avatar's and pictures I post on HP.  I have used it for quite some time (several years) on many different sites and have not had any problems...

   replyreport
   1. 86

      Marisa Wrightposted 14 years agoin reply to this

      As Sunforged says, the great majority of photos on Photobucket are stolen copyrighted images. 
      
      You may not have had any problems, but it's only because it's so difficult for photographers to track down illegal copies of their images. 
      
      I never use Photobucket - not because I'm afraid of repercussions, but because I know I get upset if someone steals my creative work, so it would be very rude of me to steal someone else's, whether I'm likely to get caught or not.
      
      There are plenty of good places to get legal photos.  I use Flickr, using the Advanced Search and clicking on "Creative Commons" and "for commercial use".  All you have to do then is thank the photographer in your text, and preferably give them a hyperlink.  But there are also several sites, like morguefile.com, where you don't even have to give attribution.

      replyreport
      1. 79

         Rose Westposted 14 years agoin reply to this

         Marisa, I totally agree with you! I hate the thought of stealing anything, and wouldn't want my own copyrights broken. Thanks for the tips on the other sites. I guess a little extra work is worth it.

         replyreport
3. 70

   sunforgedposted 14 years ago

   I expect more of the photos on photobucket are stolen copyrighted images than not.
   
   The way its configured many if not most users dont even realize there server is space is publically searchable
   
   Its probably the worst source of photographs I have ever seen asked about, if you care about using copyright I would find better more accountable sources

   replyreport
   1. 79

      Rose Westposted 14 years agoin reply to this

      You're right about people not realizing what they're posting. But the terms of use state that by posting photos, you are saying you have copyright or permission to use.

      replyreport
      1. 86

         Marisa Wrightposted 14 years agoin reply to this

         The terms of use are only accessible by a tiny link at the bottom of the page - how many users do you think read them?
         
         The promotional material for the site pitches it as a place to keep your favourite images from the web, with no mention of copyright issues. 
         
         Moonphlower - you have to read that clause in conjunction with Clause 6.2 which says:
         "You represent and warrant that: (i) you own the Content posted by you on or through the Photobucket Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Photobucket Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person"
         
         Most people who post on Photobucket never read that and would be unable to make that declaration honestly!  So while you might be complying with clause 6.1, you're probably using an image that contravenes 6.2.  That may not be your fault, but it doesn't make it morally right, in my book.
         
         It's like knowingly buying a plasma TV from a guy in a pub, that you know stole it from someone else.

         replyreport
         1. 79

            Rose Westposted 14 years agoin reply to this

            good point about the TV!

            replyreport
      2. 70

         sunforgedposted 14 years agoin reply to this

         What i intended to say wasnt so apparent,
         
         1 type of user:
         
         I feel most who use photobucket hosting are simply copy and pasting stuff from the internet, photobucket is real popular with the social profile/myspace type of crowd. They see something fun or pretty than save it in photobucket so that they can quickly get the forum and img tag code to stick up on their pages etc. They could care less about copyright and for the most part their uses of the images are pretty non-damaging.
         
         They never read the TOS nor would care anyway.
         
         the other type of user:
         
         I have also used photobucket for ebay images and in the past have used it for my own artworks..you can make cool little slideshows etc pretty easily. What I was suggesting was that when you upload images and creates profile on their system its not immediately apparent that you are making these photos visible and "stealable" by all ( I have seen some photos that surely werent intended to be shared!)
         
         Its like the Mcdonalds of photo sources - Marisa suggestion is the easiest alternative for finding legal commercial use imagery ...unless you click non-commercial everything on this site is making someone money

         replyreport
         1. 79

            Rose Westposted 14 years agoin reply to this

            yep, you know, I think you're right. I didn't realize that about the myspace thing, but it makes a lot of sense now.

            replyreport
4. 72

   livewithrichardposted 14 years ago

   I use Photobucket to host my images that I use for Ebay sales.  The images I use on my websites and hubs, I purchase from 123rf.com where I buy a credit package and also find free promo codes for additional credits. A $15 investment can get you plenty of photos that you can use and reuse and never have to worry about copyright infringements.

   replyreport
   1. 86

      Marisa Wrightposted 14 years agoin reply to this

      Doesn't that mean they're available on the site for anyone to use?  Can you set your account so your images are private?

      replyreport
      1. 72

         livewithrichardposted 14 years agoin reply to this

         You can set your albums to private but that's hardly going to stop anyone from copy pasting your image. They're just not going to be able to see all the images you have in your album. Though my albums are set to private, I would never upload an image that I thought would have commercial value onto the Internet unless it has my watermark stamped across it. 
         
         I only use Photobucket because of its ease and free use of bandwidth. I could just FTP my images to an img folder on one of my dozen websites but I'm afraid I'm not organized enough to keep up with where I place them lol

         replyreport
5. 0

   moonphlowerposted 14 years ago

   If anyone has any questions about use of photos from photobucket, read section 6.1 in the Terms of Use Agreement.   It clarifies everything. 

   replyreport
   1. 79

      Rose Westposted 14 years agoin reply to this

      the problem with that though is not everyone posting had the copyright in the first place. I guess the question is, is it ok to use images that the image-posters have no right to post?

      replyreport
      1. 70

         sunforgedposted 14 years agoin reply to this

         I believe you know the answer or you never would have considered the question.
         
         Is their likely to be repercussions? ..no, but thats rarely a good reason to do something

         replyreport
         1. 79

            Rose Westposted 14 years agoin reply to this

            You got me! I've been mulling over this for far too long, and I guess I just needed some outside feedback from my friendly fellow hubbers So thanks to everybody!
            
            I think I'll refrain from using photobucket from now on. Morally, I can't bear the thought of stealing someone else's art. Monetarily, I'm too broke to bear any fines.

            replyreport