Content & Writing Tycoon

**lochness** · 02-14-2011, 06:53 PM

I want to write a few reviews about certain products, and over the years I've been overly cautious of just copying images from other websites using google image search and then using them on my articles.

Heard horror stories of umerous lawsuits and threats of lawsuits to force me to make sure that I only use stock images that I paid licenses for.

Now suppose I wanted to write a prdocut review for a sony handy cam. If I were to just copy the image from sony's own website and use it as an illustration for a gadget review for that product. Is it OK to use?

Is there any journalistic allowances I may have in order to protect me from lawsuits?

The who seeking permission before reproducing is a drag when it comes to writing articles, especially time senstiive news articles, as it delays in putting content out there.

**MrPolarZero** · 02-14-2011, 10:50 PM

well actually you can include images on your articles, but be sure to put the image source in your posts.

**ink elf** · 02-20-2011, 10:26 AM

You can also email sites and ask for their permission to use images - many will be happy to let you use them as long as you include a link back to their site.

**jimmymav** · 02-23-2011, 07:32 AM

If you use images from sites selling the products your reviewing, that should be fine. Most product images become public domain once available on the net.

If you were to review my products, I wouldn't complain about my images being used, you'd be helping me out too (as long as you link to them).

**alanmaster4** · 02-23-2011, 07:44 AM

never try to put some one else's website images in your blog, article or website. its not good. you are broken copyrights rules.

**jimmymav** · 02-23-2011, 09:57 AM

I bet you any money if you contacted a manufacturer about using a stock photo for review purposes, there is no-way they will refuse.

Do a google image search for ipad, I wouldn't be surprised if about 1% of those results have asked for permission. I'm not saying using those images doesn't break copywrite laws, I'm saying the likelihood of anyone caring is ziltch.

**dffd.cffc** · 02-23-2011, 10:20 AM

ALWAYS ask permission to use another site's images. They ARE copyrighted. Plus, those sites may not want to be associated with yours in any way.

**Cristin** · 02-24-2011, 10:45 AM

I am not expert on this subject but just know that you should not use those images which are either having watermark or a trademark in the corner on it.

**Nanaa** · 03-03-2011, 01:08 AM

yes , i will use some image with watermark and i will also use our games images .

**c4cyber** · 04-15-2011, 01:29 PM

well...you can use free or without copyright images and if you need to use a certain image than you should ask it. simple.

**PaulW** · 05:27 PM

"Most product images become public domain once available on the net"

Why do people get this so wrong? Why do people actually post crap like this when a single functioning brain cell should tell them it's crap?

If it isn't yours, check with the copyright owner. If they say you can use it, with or without conditions, act accordingly.

Attribution without permission is still breach of copyright unless it specifically fulfils a requirement stated by the copyright holder.

Only exceptions are comment and fair usage (in UK and US): neither of those confers anything resembling "public domain" on copyrighted materials. Public domain has specific legal meaning - and that meaning is not "it's all over the web so use it".

**davemies** · 04-16-2011, 06:39 AM

paulW i would have thought that using a small product image for a review (with attribution) would fall under fair usage?

**chrishirst** · 04-16-2011, 09:33 AM

Not necessarily, some manufacturers/trademark holders will NOT allow their images to be used under any circumstances, and that includes third party distributors of their products.

**PaulW** · 04-19-2011, 03:01 AM

Quote:

Originally Posted by chrishirst

Not necessarily, some manufacturers/trademark holders will NOT allow their images to be used under any circumstances, and that includes third party distributors of their products.

Yes - many want to control where their branding appears - they don't want their image on certain types of site (eg adult or gambling) or just don't want their images on crappy sites.

**jimmymav** · 04-19-2011, 10:49 AM

Does using book covers for review purposes come under "fair trade"?

**PaulW** · 04-19-2011, 12:43 PM

Quote:

Originally Posted by jimmymav

Does using book covers for review purposes come under "fair trade"?

Fair usage, yes.

**siteBuilder** · 04-28-2011, 03:12 AM

you should ask but unofficially if you don't ask most likely nothing will happen, they either wont care, wont ever know, or wont do anything about it, if they do something about it they will likely just send you a letter (email) demanding you remove it. That being said this kind of thing is rampant on the internet and you really should ask first cause it's the ethical thing to do.

**PaulW** · 04-28-2011, 06:46 AM

Quote:

Originally Posted by siteBuilder

you should ask but unofficially if you don't ask most likely nothing will happen, they either wont care, wont ever know, or wont do anything about it, if they do something about it they will likely just send you a letter (email) demanding you remove it. That being said this kind of thing is rampant on the internet and you really should ask first cause it's the ethical thing to do.

You'd be surprised. DMCA warning to site, followed by solicitor's letter to hosting company, will usually ensure the hosting company pulls the site - they'd rather lose a few pounds a month than have a lawsuit. I've even just emailed hosting company with a bit of legal jargon and got sites taken down (admittedly with a well-known company name behind me).

It's so easy to find free images that I can't understand why so mant people cheat - okay, there's always a few lazy/uncaring/stupid who rely on Google image search but the rest - get off your arses.

**jimmymav** · 04-28-2011, 07:01 AM

Here is an interesting take on the subject

Quote:

First and foremost, courts have found that to be “fair” a use has to be transformative and not just reproductive. This means that someone cannot simply start up a blog and upload all the images from the Neiman Marcus website. This would be a merely reproductive use that was not in any way transformative. If, however, you upload select photos from the Neiman Marcus website in order to comment on or criticize the store, products, or even the photograph itself, you are not longer just reproducing the work, you are transforming it. If you are using an image for the following purposes, it is most likely a transformative fair use and not copyright infringement: criticism, comment, news reporting; teaching; scholarship or research; parody.

Taken from http://heartifb.com/2009/03/30/fair-...ages-on-blogs/

**jimmymav** · 04-28-2011, 07:07 AM

Another one from wiki

Fair use rationale for promotional photograph (products)

The use of this image in the article named / linked above is claimed as Fair use of copyrighted material because:
# it is a promotional photograph of a commercial product released by the company that produces the product for use in the media and/or as advertising material;
# the article named above concerns the product, product line or product type pictured in the image;
# the inclusion of the image in the named article makes a significant contribution to the article because it:
## identifies the subject of the article;
## identifies the subject of the photograph;
## illustrates the product / product line / product type in question;
## illustrates a section of the article;
## illustrates a relevant point in the text of the article;
# a public domain image of the subject or equivalent item has not yet been located;
# the inclusion of the image in the named article does not limit the copyright owner's rights to sell the original product in any way;
# the image cannot be used to replace the original market role of the product.