Attribution question for those who are photographers...

Tomkirk23Tomkirk23 Registered Users Posts: 55 Big grins
edited August 3, 2008 in The Big Picture
Hi -

I am not a photographer and need some help with this question...

My teenage son is a sports geek and pretty motivated. In high school, he was writing for a sports website. He is now interested in having me develop for him a website dedicated to the NFL draft (he is looking to do something in the same vein as www.nfldraftcountdown.com).

I am currently rough-drafting a site for him: www.draftgreenroom.smugmug com

MY QUESTION: What limitations/rules do we generally have to follow in using photographs found elsewhere on the internet? (I know this is a big broad question, but I am looking for a safe place to be). I know we need to attribute the photos. I know we need a nice disclaimer on the footer. Any things to avoid? (How about use of logos?)

For instance,
if we attribute the photo in all cases (e.g., "photo from Arizona State website", "photo from Philadelphia Inquirer", etc.), are we in a safe place?

Note: This is NOT going to be any big commercial website competing with SportsIllustrated.com. We may eventually put some Google ads on it, but that is about it. This is more like a blog than anything.

I would appreciate your input...

Thanks,

Tom K.
www.draftgreenroom.smugmug.com

Comments

  • BlakerBlaker Registered Users Posts: 294 Major grins
    edited August 3, 2008
    them, or they may send you an invoice for the value of your usage, or may even sue you for damages.
    Depending on what the purpose of the website is, some people might tell you that you can use the photos under the fair use doctrine, but that is a very gray area (unless you are reviewing a book or movie or the site is affiliated with an educational institution).
    You might want to do a google search on copyright and on the fair use doctrine to educate yourself in this area before launching your website.


    Tomkirk23 wrote:
    Hi -

    I am not a photographer and need some help with this question...

    My teenage son is a sports geek and pretty motivated. In high school, he was writing for a sports website. He is now interested in having me develop for him a website dedicated to the NFL draft (he is looking to do something in the same vein as www.nfldraftcountdown.com).

    I am currently rough-drafting a site for him: www.draftgreenroom.smugmug com

    MY QUESTION: What limitations/rules do we generally have to follow in using photographs found elsewhere on the internet? (I know this is a big broad question, but I am looking for a safe place to be). I know we need to attribute the photos. I know we need a nice disclaimer on the footer. Any things to avoid? (How about use of logos?)

    For instance,
    if we attribute the photo in all cases (e.g., "photo from Arizona State website", "photo from Philadelphia Inquirer", etc.), are we in a safe place?

    Note: This is NOT going to be any big commercial website competing with SportsIllustrated.com. We may eventually put some Google ads on it, but that is about it. This is more like a blog than anything.

    I would appreciate your input...

    Thanks,

    Tom K.
    www.draftgreenroom.smugmug.com
  • denisegoldbergdenisegoldberg Administrators Posts: 14,372 moderator
    edited August 3, 2008
    Tomkirk23 wrote:
    MY QUESTION: What limitations/rules do we generally have to follow in using photographs found elsewhere on the internet? (I know this is a big broad question, but I am looking for a safe place to be). I know we need to attribute the photos. I know we need a nice disclaimer on the footer. Any things to avoid? (How about use of logos?)

    For instance,
    if we attribute the photo in all cases (e.g., "photo from Arizona State website", "photo from Philadelphia Inquirer", etc.), are we in a safe place?
    Given that you are talking about using someone else's copyright'ed photos, I don't think that you are in a safe place at all.

    Yes, I know - people display other people's coyrighted work all of the time. But legally I think you are opening yourself up for problems. At the very least you should ask for permission.

    --- Denise
  • BlakerBlaker Registered Users Posts: 294 Major grins
    edited August 3, 2008
    Hi,
    Basically, you are not allowed to take copyrighted photos you found on the internet and use them on your website without first obtaining permission from the copyright holder. Attributing the photo and posting disclaimers on your site isn't enough.
    If you do use the photos, perhaps no one will notice . However, should the copyright holder be notified that his/her photo is being used without permission, any one of a number of things could happen.
    1) The copyright holder never finds out that you are using their photo, or they don't really care and will leave you alone
    2)They could ask that you remove their photo from your site
    3) They could send you an invoice for what they normally charge for web use of their photo
    4) They could sue you for the value of the web use of their photo, and if they have registered the copyright, they can win lawyers fees and statutory damages


    Depending on what the purpose of the website is, some people might tell you that you can use the photos under the fair use doctrine, but that is a very gray area (unless you are reviewing a book or movie or the site is affiliated with an educational institution).
    You might want to do a google search on copyright and on the fair use doctrine to educate yourself in this area before launching your website.

    ETA: The NFL is VERY protective of its copyrights.


    Tomkirk23 wrote:
    Hi -

    I am not a photographer and need some help with this question...

    My teenage son is a sports geek and pretty motivated. In high school, he was writing for a sports website. He is now interested in having me develop for him a website dedicated to the NFL draft (he is looking to do something in the same vein as www.nfldraftcountdown.com).

    I am currently rough-drafting a site for him: www.draftgreenroom.smugmug com

    MY QUESTION: What limitations/rules do we generally have to follow in using photographs found elsewhere on the internet? (I know this is a big broad question, but I am looking for a safe place to be). I know we need to attribute the photos. I know we need a nice disclaimer on the footer. Any things to avoid? (How about use of logos?)

    For instance,
    if we attribute the photo in all cases (e.g., "photo from Arizona State website", "photo from Philadelphia Inquirer", etc.), are we in a safe place?

    Note: This is NOT going to be any big commercial website competing with SportsIllustrated.com. We may eventually put some Google ads on it, but that is about it. This is more like a blog than anything.

    I would appreciate your input...

    Thanks,

    Tom K.
    www.draftgreenroom.smugmug.com
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