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Copyright question - images taken from other websites

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  • Copyright question - images taken from other websites

    Ok I'll try and make this concise

    Client is a architect. I'm the designer building his website. Two projects he wants to showcase he hasn't got personal images of, that he has taken. One of them is work he did on a famous hotel, so currently has copies of photos from that hotel's website. Other project was a private home, but now is a holiday home and is on, with great images. Question is, can we use those images on the website, and credit them to the source? Or do we need express written permission? With the one on, i don't know whether we need to speak to them or the owner of the property? I've looked in terms and conditions of and the Australian Copyright Council but the answer isn't clear

    Thanks !

  • #2
    I'm not a lawyer and not in Australia, so I can only tell you what I would do here in the U.S. I would contact both websites asking permission to use those photos and how they would like them credited. I might also need the permission of the photographer as well. The easiest solution might be to have photos taken of those structures yourself.
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    • #3
      < not a lawyer

      This is what happens in the US. Your mileage may vary.

      In the case of the home, you need to contact the homeowner. If the photos are theirs, you may need a property release as well as permission to use the photos, and the permission of the photographer if the homeowner didn't do the shots themselves. If took the photos, then you need to contact the homeowner for a property release and permission, as well as and maybe their photographer (depending the agreement the photog has with Booking.) If you go out and take shots of your own, you still need a property release from the homeowners. (besides, taking photos of someone's home without permission is a good way to get the police interested.)

      For the hotel, you have to be more careful. In the US, buildings are protected under some very strange copyright laws that I've never had to deal with. Sometimes yuou can't just go out and take your own photo. It may be the architect has permission without needing to seek it if he holds the copyright to the actual construction drawings of the building, but may still need the Hotel ownership's permission to use the image containing their branding.
      Very messy. I'd start with finding the person in charge of the Hotel website and asking them who to contact about the images. Failing that, contact the hotel management directly. If it's a chain hotel, good luck finding the right person to talk to.

      < not a lawyer


      • #4
        I am not a layer!

        I did a bit of research, about your question with regards to Australia`s legal system and I found out that you cannot use images, articles, etc. from the internet without the permission of the copyright owner. The owners might have already given the permission to the world to use their materials in different forms. The most common one is the Creative Commons license. So you have to dig a bit and find the copyright owner for the images that you would like to use and contact him\her for permission.

        I am not a layer! All of the information that I gave you was based on online research.






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