You should ask before copying that media
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Special Report
Highline Community College
Dan Morrill
You should ask before copying that media
Knowing your Licenses:Creative Commons
Used to denote pictures that are free to use as long as you meet the creators idea of what and end user can do with the picture
Fairly common in use, many free picture image searches available
Flickr and CC
Flickr has whole
gallery sets based
on the use of
Creative
Commons
This allows
people who want
to use pictures on
web sites, in
movies, in media
(flash,
interactive) to use
imagery from
others, as long as
the CC license is
followed
Other sites it is not so clear
Other sites like
Smugmug do not
explicitly state
the
photographers
(or media’s)
copyright.
Some will put
their copyright in
the search engine
data (SEO) so
that you can tell if
they are full
copyright or some
form of creative
commons
You can search on creative commons
creative commons
smugmug.com is
a good Google
search to find
images that have
a creative
commons license.
You should also
follow any other
directions of the
photographer if
you are using
their work
This is focused on Washington State, your states laws will vary, sometimes widely. Right to publicityRight of performanceModel release(s)Public VS Private photographyLaw Enforcement
Complications
http://rightofpublicity.com/statutes/washington
All artists have a right to publicity:If the photographer did not have a release and
took a picture of an artist the artist can request to have it taken downIf the picture has been downloaded and copied the
photographer could be at faultIf the picture is hosted locally on someone else’s
web server and used on a separate web site – the web site operator can be at fault
Penalties can be steep, up to 1500 dollars per image or occurrence
Right to Publicity
http://rightofpublicity.com/statutes/washington
If the venue where a public/private performance did not get a performance release, any imagery of the performers can not be used without permission by the venue, the photographer, or other partiesArtists can sue, and win if the venue did not
have a right of performance releaseUsing an image off the internet does not
imply that the proper legal forms were used Right of publicity and/or performance might
not have been granted
Right of Performance
First AmendmentParody or SatireRight of performance or model released
obtained after the pictures or video were taken
Signs in the venue that explicitly state that photography is going to happen and that the people in the venue waive all rights based on being there
Contract as part of ticket sales about photography happening in the venue and waiver of rights
Caveats to Right of Performance
Some photographers do not or are not able to obtain a full model releaseIn that case, all pictures of that model can
become encumbered if there is a dispute between the model and the photographer
Copying a picture of a model can result in secondary liability to the web site serving the picture of that model
Model Releases not in a full legal nameSome photographers grab a release in the
model’s stage nameThose are not always enforceable
Model Releases
Centers on the argument of “expectation of privacy”Taking pictures of people on a street corner is okTaking pictures of people through their bedroom
window is not ok (even if the curtains are open)Selfies – are ok as long as they are of agePolice, Fire, Emergency Services are ok – as long as
you are not in the way – and you obey requests to stay away and not be in the way
Federal buildings, power plants, ship yards not ok – will cite terrorism act
Riots, protests, marches are all ok – but if someone asks you to stay out of the way – you should do so
Public VS Private
Public Private problems
A picture of a
rioter
Clearly
identifiable
people
Public space
Public event
Unknown
Copyright (where
did this come
from?)
Can I use it?
All video, all pictures come “encumbered” with some form of licenseEven Instagram comes encumbered:
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. http://instagram.com/legal/terms/
There is no “Copy a Picture”
You might not know about any rights that were obtained with that pictureSome concert footage can be taken down at the source,
but your copy could result in a separate take downYou might be unaware of any releases that were
obtained from the subjectYou might be unaware of any litigation around the
photograph or video causing you to get swept up in a lawsuit
You might be unaware of any terms of service the picture violates (Selfies included)
You might not be informed if a picture is taken down later opening your web site to a lawsuit for reposting
When you copy a picture
Contact the photographerAsk if you can use the picture for your web site
Most photographers are ok with this if you ask, I have never said no to anyone who asked
Purchase a license for the pictureThis is often expensive, the costs range from
dollars to hundreds of dollarsSearch Flickr’s Creative Commons or
Smugmug’s Creative Commons to pull pictures that are open to useAlways credit the photographer/videographer – you
don’t need to ask if you stick to CC pictures
What you can do:
Questions?