Greetings Idealworld! You are very wise to query about linking and
using someone else's pictures on your website. Normally, people do
not mind when a site links to their pages and I will address that but,
first, I want to address the photo issue.
Before you place photos directly on your site (as opposed to framing),
I would recommend that you get permission from the photographer *or*
from the business that paid the photographer for use or ownership of
the images (work for hire). You could run into a great many problems
by publishing copyrighted photos on your web pages without prior
permission. Most probably, you would not be taken to court - you'd be
sent a takendown order (cease and desist) asking you to remove the
photos or risk a lawsuit. When it comes to copyrighted images, it's
best to ask permission first.
Yet many people might view your inclusion of the images as bringing
them business. If this is a side function of your website, then it
may be that no one would mind if you publish images without
permission. If you were using the images for no business or personal
gain whatsoever, then it would be a smaller risk to use the photos
but, because you mentioned this is a rebate company website, then you
would be using someone else's work for personal gain.
However, if the sites where a person is "borrowing" photos does *not*
state a copyright of any nature (image copyright or page content
copyright) nor does it prohibit reproduction of the photos, then some
people would risk using the images and would probably have no problem.
However, as a writer, I am very sensitive to the plagiarism issue so
I would not make a choice like that for myself. I would ask first if
I could use an image.
However! lol There are some web site owners that will take a photo
and alter it in some way which they claim changes the image and
therefore gives them their own copyright. This is a very sticky
wicket, though, as slighty cropping an image (which would really be
the only option to present a location accurately) can be constituted
as a copyright infringement. There is certainly a lot to consider
here.
If you decided to risk using the images, you might include a
disclaimer somewhere on your site which states that the images are
fair use or to state that you are providing a complimentary
advertising service for X website through the use of their images. If
you choose either of those options, then I would recommend you consult
an attorney for the best wording.
The United States Copyright Office addresses my comments above with
the following FAQs located at http://www.copyright.gov/faq.html#q60
13. "Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the
moment the work is created. You will have to register, however, if you
wish to bring a lawsuit for infringement of a U.S. work. See Circular
1, section Copyright Registration."
14. "Why should I register my work if copyright protection is
automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their
copyright on the public record and have a certificate of registration.
Registered works may be eligible for statutory damages and attorney's
fees in successful litigation. Finally, if registration occurs within
five years of publication, it is considered prima facie evidence in a
court of law."
35. "What is a work made for hire?
Although the general rule is that the person who creates the work is
its author, there is an exception to that principle; the exception is
a work made for hire, which is a work prepared by an employee within
the scope of his or her employment; or a work specially ordered or
commissioned in certain specified circumstances. When a work qualifies
as a work made for hire, the employer or commissioning party is
considered to be the author."
47. "How much of someone else's work can I use without getting
permission?
Under the fair use doctrine of the U.S. copyright statute, it is
permissible to use limited portions of a work including quotes, for
purposes such as commentary, criticism, news reporting, and scholarly
reports. There are no legal rules permitting the use of a specific
number of words, a certain number of musical notes, or percentages of
a work. Whether a particular use qualifies as fair use depends on all
the circumstances."
49. "How much do I have to change in order to claim copyright in
someone else's work?
Only the owner of copyright in a work has the right to prepare, or to
authorize someone else to create a new version of that work.
Accordingly, you cannot claim copyright to another's work, no matter
how much you change it, unless you have the owner's consent."
53. "What is a copyright notice? How do I put a copyright notice on my
work?
A copyright notice is an identifier placed on copies of the work to
inform the world of copyright ownership. While use of a copyright
notice was once required as a condition of copyright protection, it is
now optional. Use of the notice is the responsibility of the copyright
owner and does not require advance permission from, or registration
with, the Copyright Office."
55. "Somebody infringed my copyright. What can I do?
A party may seek to protect his or her copyrights against unauthorized
use by filing a civil lawsuit in Federal district court. If you
believe that your copyright has been infringed, consult an attorney.
In cases of willful infringement for profit, the U.S. Attorney may
initiate a criminal investigation."
60. "Could I be sued for using somebody else's work? How about quotes
or samples?
If you use a copyrighted work without authorization, the owner may be
entitled to bring an infringement action against you. There are
circumstances under the fair use doctrine where a quote or a sample
may be used without permission. However, in cases of doubt, the
Copyright Office recommends that permission be obtained."
So, knowing all the above, you may choose to proceed adhering to
either the "Ask now" or the "Apologize later" creed. :)
Regarding framing, the Chilling Effects website at
http://www.chillingeffects.org/linking/faq.cgi states (and I suggest
you read the entire page of FAQs for more enlightenment):
"Question: What is "framing"?
"Answer: Modern web browsers allow web authors to divide pages into
panes or "frames". Many sites use frames for navigation, putting a
navigation bar in one frame and the main content in another. Since it
is possible for a site to call a frame's contents from a different
location, a programmer might "frame" another's web content beneath his
own navigation or banners. See the TotalNEWS site [live link on page
in this text] for an example of framing.
The legal aspect of this web design are complex. The creator of a
frame does not literally "copy" the contents of the framed page, but
the juxtaposition of pages may be claimed to create the mistaken
impression of sponsorship or association."
A very good article on linking and framing titled is located at
http://www.bipc.com/articles-f-m/linking.htm About 1/3 of the way
down the page beginning with "Framing technology poses even more
difficult issues by taking linking one step further. But what is
framing?" will continue to cite two case involving framing, one being
TicketMaster v. Microsoft (C.D. Cal. 1997) and the other being The
Washington Post Company, et al v. TotalNews, Inc., et al (S.D. N.Y.
1997). As the article states, "Both of these cases have settled and,
therefore, have left us with no court opinion upon which to rely as
legal precedent for future cases..." and the article goes on to offer
some suggestions for framing.
Other sites that will be of interest to you are:
Linking Rights by Brad Templeton (concerns inlining and framing as
well)
http://www.jmls.edu/cyber/index/linking.html
The John Marshall Law School - Linking and Framing
http://www.jmls.edu/cyber/index/linking.html
DMOZ site list for linking law
http://dmoz.org/Society/Law/Legal_Information/Computer_and_Technology_Law/Internet/Linking_Law/
Gigalaw.com - Framing and Linking
http://www.gigalaw.com/articles/copyright-framing.html
Again, you may choose to act now and apologize later. The chances are
that most of the builders will not mind at all, especially if it
brings them business. But you do risk running into a few that object.
By the way, I viewed the links you provided and I like your newer
presentation at http://www.buyersidealworldrealty.com/ashtonwoodshomes1.html
- very professional and user-friendly.
On a personal note, I have two friends who have websites where they
frame almost everything and neither has ever been asked to remove any
link or frame and some of the frames frame very big players on the
Internet.
Should you need clarification of any of the information I have
provided, please utilize the "Request A Clarification" feature before
rating my answer and I will be happy to conduct further research.
SEARCH PHRASES:
framing pages legality
copyright office fair use
altering an image copyrighted
using pictures from other websites
framing and linking law |
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