Hosting images not yours on your sever (8 posts)

  1. bambam4479
    Posted 10 years ago #

    I've run into a problem where one of the guys who writes on one of my sites uploaded a picture from a local paper to our server. He did this because as we all know, things get taken down and links break. My question is, what are our rights in cases like this? Proper credit was given for the picture, just that we have it on our server.

  2. Mark McKibben
    Posted 10 years ago #

    Depends on where you're based out of, but if you and/or your authors will regularly be doing such things; it might be best to ask the original site for permission.

  3. Ryan Boren
    WordPress Dev
    Posted 10 years ago #

    It's always best to ask permission first. If the picture is from the Associated Press, for example, they can be rather unforgiving.
    In the US, use of copyrighted work under fair use is subject to the four factor fair use analyis.
    Standard Disclaimer: IANAL

  4. Typically, it's best to ask first. But, if you don't, the originating site will usually respectfully ask you to remove the image. At that point, remove the image. Note that I said "usually". Sometimes they slap you with a lawsuit right away.

  5. bambam4479
    Posted 10 years ago #

    Thanks guys, he didn't ask for permission first so apparently the NY Times will be contacting us since they own the Boston Globe where the pictures came from. I have a feeling the guy who contacted us is just trying to get back at this writer for some comments he made, but we shall see. I'm truly amazed that this is even an issue. My POV of things on the net are that as long as credit is given then anything is fair game, but I guess I was wrong. So how do all those porn sites survive?

  6. One more thing, if an individual or group does take you to court for using their images, then you may still get out clean due to the Four Factors, but why would you want to go to court in the first place? Just something to think about when you go around selecting images to put in your posts.

  7. bambam4479
    Posted 10 years ago #

    It just doesn't make a whole lot of sense to me. Back in the days of high school/college we had to write papers, and in these papers we had to use quotes. Well we then had to cite the quotes correctly so I don't see what the issue is besides the picture being stored on our server.

  8. Because those were for education. Many copyright laws are waived for education.

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