Google Answers Logo
View Question
 
Q: Product Images ( No Answer,   3 Comments )
Question  
Subject: Product Images
Category: Business and Money > eCommerce
Asked by: capol-ga
List Price: $10.00
Posted: 18 Jul 2005 17:20 PDT
Expires: 17 Aug 2005 17:20 PDT
Question ID: 545128
I am interested in knowing were to find legal images of products sold
online that i can publish on my site without having any copyright
issues. For example Nicon D70, or Dell Axim 50v. Any sites/companies
that provide such services? I don't want just random products, this is
everyday products sold in stores.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Product Images
From: ipfan-ga on 19 Jul 2005 09:49 PDT
 
The answer depends on what you are going to do with the images. 

Hypothetical One:  You are a lawful seller of such products, and you
are looking for images of these products to display on your website to
assist you in selling them.  You go to the website of the respective
manufacturers and obtain images of the products from their sites for
use on your site.  On these facts, you would be virtually immune from
liability for copyright and trademark infringement (since both are at
issue here, not just copyright, since you are using images that
contain well-know trademarks as well).


Hypothetical Two:  You are a seller of such products, and you are
looking for images of these products to display on your website to
assist you in selling them.  You go to the website of a professional
photographer and take images that he has displayed on his site as a
means of showing his skill as a photographer.  You then post those
photos on your site to assist you with selling the goods.  On those
facts, you would likely be liable to the photographer for copyright
infringement, although you would likely still be OK from a trademark
perspective (since you can use a third party's trademarks to lawfully
sell those trademarked items).

Hypothetical Three:  You are a seller of products that compete with
Dell and Nikon, and you are looking for images of Dell and Nikon
products to display on your website to assist you in selling your
competing products.  You go to the website of the respective
manufacturers and obtain images of the products from their sites for
use on your site.  On these facts, you would likely be liable for both
copyright and trademark infringement.  Same result if you used the
professional photographer's images from Hypothetical Two.

If you are looking for, e.g., stock photos of "stuff" like appliances,
chairs, cameras, etc., to place on your site with no commerical
purpose, the photographic archive at the Library of Congress is a good
place to start.  See http://www.loc.gov/rr/print/catalog.html
Subject: Re: Product Images
From: capol-ga on 19 Jul 2005 11:27 PDT
 
Thanks for the comments. Quick question on this area, what if I am a
site reviewing products, or a comparison site, or an affiliate to an
online store - listing the product?

thanks
Subject: Re: Product Images
From: ipfan-ga on 19 Jul 2005 12:59 PDT
 
Interesting.  Well, on those facts you might be able to bring the use
in under fair use since you are criticizing or commenting on the
products (see 17 U.S.C. Section 107 at
http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/1/sections/section_107.html).
 As in all copyright matters, though, it is far better to either (a)
take a license to the copyrighted pictures (which means to obtain
permission to use them) or (b) take your own photographs so you own
the copyright rather than rely on fair use.

This leads back to your original question: where to get such images? 
When I first read your question I assumed you meant places you could
get the pictures without paying for them, but I see on a second
reading that you did not specify that, so perhaps all you need is a
referral to a good stock photo house.  Most stock photography places
will charge a royalty, but at least you know you are not infringing
copyright when you use licensed images from a stock photo house. 
Perhaps someone else can recommend a good stock photo house for
capol-ga.

And since you are using the trademarks purely in the nominative sense
to describe the actual product being reviewed, you could probably
bring that in under trademark fair use as well.  Copyright and
trademark law both have fair use doctrines.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy