Legal Question in Technology Law in California
Use of images from another website on mine?
Hello,
I have a question regarding the use of another website's images (photos to be exact) on my news reporting website.
Is in a copyright infringement if I don't upload the photo on my website, but merely include it directly from the other website?
For example by doing this on my website img src=''otherwebsite/image.jpg''.
How can I know 100% if the photo I'm planning on using is copyrighted if there is no immediate notice on the photo itself?
In your answer please consider that my website is reporting news, which may have an impact regarding the doctrine of fair use.
In your answer, please kindly include sources.
Thank you very much!
Paul
1 Answer from Attorneys
Re: Use of images from another website on mine?
Any photo created since 1/1/1978 is automatically protected fromt he moment the shutter clicked. Works created prior to 1978 are protected if published with notice, and/or registered with the copyright office.
You can assume that every photograph is protected by copyright law, unless it was taken pre-1921 or so. Even if it's older, some analysis is required.
linking to the images for display without hosting them on your site is still an infringement of copyright.
THe "Fair Use" defense probably won't be applicable if you're using the whole photo, and if your site is commercial in nature, even if the topics are newsworthy. Even if Fair Use did apply, it's a DEFENSE, which means you're getting sued by the time you get to discussing the issue.
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