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  • Copyright issue?

    So I'm working on a magazine project and they want to use photos of products by UGG and a couple of other name brands. The editor told me, it was OK to pull images from their site as long as credit is given. I suggested the companies be contacted but it's a maze trying to get in contact with the PR dept. at UGG.

    I pulled this from a copyright law website but I don't understand this line: For example, images and photographs in the public domain do not require permission.
    Assume that Online Content is Protected by Copyright

    To start, you should assume that all online images are protected by copyright. Then do your research to determine if the image you want to use actually requires permission. For example, images and photographs in the public domain do not require permission. Is there a Creative Commons license attached to the image or photograph that permits limited or unlimited use of that image without communicating with the copyright owner? Are there terms of use attached to the image or photograph? If so, read the terms of use or copyright informationto see whether the illustrator or photographer allows you to use the image or photo for certain purposes without obtaining permission from him. If you do not see such permission clearly indicated, then you need to obtain permission before using the image or photo.

    Would this constitute public domain since it's a major brand?


  • #2
    Originally posted by burgerme View Post

    Would this constitute public domain since it's a major brand? [/FONT][/COLOR]
    <-- NOT A LAWYER ''Public domain'' is not a place. It is a definition. See copyright.gov for details.

    Images of major brands/products are NOT likely to be ''public domain''.
    Sketching not only helps you work out good ideas, it helps you get past the bad ones.

    Comment


    • #3
      No, I would not assume anything is public domain unless it is explicitly labeled as public domain. Even then I'd double check. To legally use photos of products, you need specific permission from those product companies, no matter how hard it is to get it. Otherwise it is theft.
      Shop smart. Shop S-Mart.

      Comment


      • #4
        <Not a lawyer.

        What you are proposing is a copyright/trademark issue because you are using someone else's photo that is corporate property. If you bought the product and took your own photo, that might be different, depending on what the article is about. You could do it for editorial purposes, but not necessarily for commercial purposes.

        I heard a good example of this on the radio this morning. The radio station is having a promotion where the winner gets two tickets to a Pats v Jets game. But the radio station cannot mention implied endorsement from the NFL so the prize is two tickets to ''see our local football team play in New York.''

        Tread carefully.

        Comment


        • #5
          Hmm, it seems like using it for journalistic purposes is OK under Fair Use?

          Comment


          • #6
            I'm definitely billing for time spent trying to figure this out!

            Comment


            • #7
              Originally posted by burgerme View Post
              Hmm, it seems like using it for journalistic purposes is OK under Fair Use?
              No.

              In the U.S., journalism is protected by the First Amendment to the U.S. Constitution. The editorial content of a typical, reputable newspaper has latitude to use copyrighted materials if those materials are part of the news story. For example, you can't be sued for using a photo of a product in a product review since it's directly pertinent to the journalistic analysis of the product. That same newspaper, doesn't have the latitude, however, to use that same image in non-journalistic ways, like in an advertisement or as a decorative device on a page or in their own promotions.

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              • #8
                My ol' stompin' grounds. I'm so use to using images in that capacity, that as you have clearly noted does not apply here. Duly noted!

                No.

                In the U.S., journalism is protected by the First Amendment to the U.S. Constitution. The editorial content of a typical, reputable newspaper has latitude to use copyrighted materials if those materials are part of the news story. For example, you can't be sued for using a photo of a product in a product review since it's directly pertinent to the journalistic analysis of the product. That same newspaper, doesn't have the latitude, however, to use that same image in non-journalistic ways, like in an advertisement or as a decorative device on a page or in their own promotions.[/QUOTE]

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                • #9
                  This got un-fun will quick. They are under the impression that giving credit is enough because it will give the company exposure to sell their products. It reeks of, "we are doing them a favor by using their photos!' Oh, and also "this other company did it and their fine," nonsense. I explained numerous times, shared direct links to copyright info, hell I even called a former colleague photo editor.

                  Comment


                  • KitchWitch
                    KitchWitch commented
                    Editing a comment
                    You can tell them that someone always manages to get away with theft (yes, start calling it theft), but that doesn't make it okay. Remind them that if they choose to steal, they risk a cease & desist, which will mean they wasted money on this magazine, as it will have to be pulled and destroyed. Ask how good their legal team is. Or just tell them that it is illegal and you won't do it. It could hurt your reputation.

                • #10
                  It's not enough to "give credit."
                  It is up to the company that owns the photos/product whether THEY want you to be doing them any favors.
                  Brand is by association. The owners of the brand get to decide the association. Not your boss. It will actually hurt him more if it goes to court if he is riding their coattails ie, if the item is something that would bring him more SEO. For instance we can post pictures of our client product with their permission, but we cannot use their name in searchable web content on our own website.

                  For instance here is the legalese for P&G (I just picked these at random)
                  http://www.pg.com/en_US/terms_condit...tml#copyrights
                  Here is Microsoft's:
                  https://www.microsoft.com/en-us/lega...s/default.aspx

                  Most websites will have a copyright term somewhere on them.

                  Sucky position to be in.
                  Keep your emails in a safe place.

                  <not a lawyer.
                  Last edited by PrintDriver; 09-30-2016, 12:38 PM.

                  Comment


                  • #11
                    Already took screenshots of the convo. Once they said to me "bloggers do it all the time," I wasn't going to continue trying to educate them.

                    Comment


                    • #12
                      You can use images from other websites and pages as long as the image itself does not contain any warning against doing so. When using images you must give credit and the actual images must not be something that is to be reproduced.

                      For example all my images have copyrights attached to them and I assume if anybody uses them they are not going to make

                      post cards
                      posters
                      replicas
                      tee-shirts


                      It is okay to use small examples of the images but not to have an huge over the top rendering of it. YOu have to see newpaper rules. Like somebody could write about my artwork but they can not produce a replica the is printable in terms of a poster.

                      You can feature whatever products in a magazine article as long as it is truthful. Like pricing and location.

                      Comment


                      • #13
                        Originally posted by DanArt View Post
                        You can use images from other websites and pages as long as the image itself does not contain any warning against doing so.
                        No, that is definitely, absolutely, positively not the case. The copyright owner does not need to warn people against using their material. Instead, those wanting to use the copyrighted materials must seek approval to do so.

                        Comment


                        • #14
                          Originally posted by burgerme View Post
                          ...they said to me "bloggers do it all the time,"
                          Haha. Yes, of course. Sound logic. It's pretty easy to get away with ignoring copyright law when you're low enough on the totem pole to not be worth going after. Maybe not the best example to emulate, though.

                          Comment


                          • #15
                            An UPDATE for anyone who cares. They ended up contacting the companies and getting photos from them. Of course, in the eleventh hour as we go to press tomorrow. To save my own ass, I initially pulled stock photos as I was just not going to go down the road of pulling images without permission even for a mockup. I don't want them to get the idea it's ever OK.

                            All is well in design land.

                            Comment


                            • PanToshi
                              PanToshi commented
                              Editing a comment
                              Good on you for standing your ground. Well done, mate!

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