When deciding whether or not to use a Google image, you should always follow the standards of the fair use doctrine. As in Kelly v. Arriba Soft Corp. and Perfect 10 v. Google, the way you use a photo is a critical element for copyright infringement. In these cases, they were able to show that converting photos to thumbnails reduced the value of images to the point where fair dealing was created, but remember that Google was found almost guilty of linking to full-size images. Fair dealing is a legal doctrine that promotes freedom of expression by allowing you to use a copyrighted work without a license in certain circumstances. The U.S. Copyright Office oversees the doctrine of fair dealing and determines the unlicensed use of a photograph for its intended purpose, nature, and market. For example, if the image is used as a fill on your website, it will probably be fine, but if it is used to make a profit, then it is not allowed.
There is such a fine line when it comes to fair dealing and copyright infringement; On the one hand, you can use the image, while on the other hand, you can lead to serious legal consequences. For more information, here is a link to the United States. Official website of the Copyright Office. This is a much better option than using images from Google – generally, photographers upload photos to the free service to get recognition, so while you don`t have to give credit, you`ll be asked to do so if you can to improve the photographer`s profile. If you use images you find online (or elsewhere), here are the main points for legal use of Google Images: Well, until you get sued for copyright infringement. Contrary to popular belief, fair use of images is still important and people still suffer the consequences of being wrong. Ignorance isn`t happiness either – you have to take the trouble to know that you have the legal permission to use all the images you want for your blog, website, store, or page. Google images can be used financially for free, but the original poster does not lose its rights to the image just because it is on Google, which can result in much higher legal fees than buying the rights. Using images from the Internet is a sensitive activity, but I hope you now feel a little more confident about what should and shouldn`t be done. Here are some basic rules to take with you: However, none of this is true. Unless you have received explicit permission from the copyright owner or are using public domain images or images with the required Creative Commons license, using Google images for your site infringes copyright and you could be sued.
You may not download or use images from Google without permission from the copyright owner, unless your use falls within one of the exceptions or the work is distributed under an open license such as Creative Commons. Google is simply a search engine that scans the internet and provides the searcher with all relevant results – copyright holders do not upload their images to Google for free use. When you click on the image, you will usually be redirected to the source website, where you may be able to ask permission from the copyright owner. Google Image also provides a tool to filter your search results by usage rights. If you use a photo with a unique brand or logo, you may not have permission to use the trademark of that product. If there is a uniquely identifiable person in the image, you can take legal action if you use a person`s photo without their consent. There are a few notable cases that have drawn attention to the misuse of Google images or “copyright infringement for image search engines.” In these cases, the Court also discusses the Digital Millennium Copyright Act (DMCA). This is important to note because when it comes to online images, you must follow the general copyright infringement guidelines AND the rules of the Digital Millennium Copyright Act. Essentially, this law establishes more parameters for copyright infringement to include problems that only occur with digital images. Further information and specific provisions can be found here! These guidelines apply to your use of the Content, with one exception. Special guidelines for using Street View imagery are available in Google Maps and Google Earth. Please read the following section for instructions on using Street View imagery.
As you can see, these two companies were barely able to use images on their websites. They were able to show that their uses were fair use because they made the images available to others to find and functionalize them, not for corporate profit. You may be thinking, “Well, they couldn`t be prosecuted for copyright infringement,” but here at TLP, we encourage you to look at the bigger picture.