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Using
Pictorial, Photographs, Graphics, Images and Sculptural Works |
Copyright laws apply to images including pictorial, graphic, and sculptural works anywhere the "tangible medium" resides -- in print, on the Internet or in digital format. Remember that under the Copyright Act of 1976, all works are protected by copyright laws, whether or not they contain a copyright notice, so presume that all images are protected and that you need to get permission to use them.
| Scenarios #1 -- Using images from the Internet |
Question
Students in my web page making class need graphics to complete their
projects of creating web pages for area businessmen. Can they copy graphics
and photographs from the Internet to use on these pages that will be available
on the public Internet at the completion of their projects?
Answer
NO!
Just because it is easy to copy and paste or to download images from the Internet
to a computer doesn't mean that it is legal. Someone created and owns those
images, graphics, cartoons and other visual arts found on web pages and you
must get their permission to use them. Some web page owners post copyright restrictions
on their websites and some allow copying of their images. You still must go
through the usual copyright permission process. In this case, even though these
web pages are being made in a classroom by students, the results of their efforts
will be posted on the Internet and used for commercial purposes, so get permission
in writing for what you use.
Considerations
Is
a trademark in the image you want to copy? If a trademark is part of
an image or photograph you want to use, you could need a release from the trademark
creators/owners as well as the copyrighted image you want to use.
If using a person's image on a website for commercial purposes, did you get copyright permission to use the photo and authorization from the persons in the photograph?
Is Clip art you plan to use free to you, your school, and the public? having clipart on your computer doesn't mean you have permission to use it on a web site that will be available to the public. Read the terms and conditions to find out your privileges in using your clip art.
Be careful how you use materials labeled "royalty-free" or "copyright - free" because you may still need permission to distribute them, as in putting them on the Internet.
Other Strategies
Create
your own images.
Take your own photographs and get signed releases from people in the photograph.
Use a fee-based
company for photos and images.
Resources
Getting
Permission
346.7304
STI Stim, Richard. Getting Permission: How to License & Clear Copyrighted
Materials Online & Off. 2nd. Berkley, CA: NOLO, 2004.
Chapter 12 has sample "Releases" for getting permission to use photos
with people in them.
Copyright Books in IECC Libraries: http://www.iecc.edu/occ/lrc/copyprint.htm
Royalty Free Web Sites: http://www.iecc.edu/occ/lrc/rfimage.htm
Find several sites that have graphics, logos, photos and more that
are public domain items, Open Commons items, or repository sites that have visual
images you can use. Be sure to read the terms or use or usage requirements at
each site. Some sites have no restrictions, other require attriution or a link
to their site, or other requirements.