Hi

I have recently built up a large database of DJ profiles for our
website. This is an information-based resource, and whilst we are
providing a link to purchase CDs by the DJ, we do not charge for
access to this information, and make no money from it.

The images used to promote these DJs were taken from another website
that has done a similar thing. We checked and all the images on that
site were provided by the DJ agencies, and as such are permitted to be
used on sites that promote the DJ.

Now, the site we sourced the images from are saying that we have
'stolen' them. The images however clearly do not belong to the website
(but to the agencies, etc), but their argument is that they have
'sized, cropped and adjusted every single one' for their own purpose.

Am I at fault for using the 'adjusted' images, even though the agency
has permitted use of them?

Hi bensebborn,

It all depends on if the "adjustments" are considered modifications to
the work - I'd tend to think not, but perhaps you should consult a
lawyer.

Public Domain Works That are Modified:
"Modifications to a public domain work may be protected by copyright
and cannot be used without permission. A famous example used in many
copyright classes is of the artist who paints an elaborate hat and
mustache on the Mona Lisa. Even though anyone is free to copy the Mona
Lisa image, the modified image (with mustache and hat) is protected
under the artist 's copyright."
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter8/8-b.html

Good luck,
hummer