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Internet and Blogging by
Hari
Posted on Tue, Feb 14, 2006 at 19:57 IST (last updated: Wed, Jul 16, 2008 @ 20:20 IST)
Are you hosting any graphics that you found on the web in a free image hosting account like photobucket or Flickr for use on your blog or personal website? You'd better think again, because you might just be violating their ToS (Terms of Service).
I have now transferred all the images used in my blog articles from Flickr to my own hosting account, thanks to the timely warning issued by Creative Hedgehog. I believe that Flickr only allows you to host photos belonging to you and is not meant for generic website graphics. Fine. I confirmed this with them by e-mail and I immediately took down most of the images I host with Flickr. Now I thought of hosting them on another free image hosting service, photobucket, but I decided to play safe and confirm by e-mail whether I could store images which I don't own the copyright of. In other words, if I write an article on George W. Bush, could I host a picture of him I found somewhere on the web at photobucket for use on my blog? The reply I got was rather cryptic:
If you own the image or have permission from the owner to copy the image, then you can host it here. Otherwise you may be infringing on copyright which is a violation of our Terms of Service.
In other words, if you don't own a picture, you cannot host it at photobucket. But the problem is that, most people tend to use pictures they find on the web for use in their blogs. I can think of situations where "fair use" might come into play, particularly with photos of prominent people like actors, politicians and so on.
From what I have come to understand from my correspondence with photobucket support, suppose I write an article on George W. Bush and want to use a picture of him within the article, I either have to:
- Take a picture of him myself or,
- Write to some major media source which has a copyrighted image of him and get their permission to host and use it.
The first alternative is almost impossible in most situations and the second is a big hassle, particularly because most of these huge website owners might not respond to individual e-mails and secondly it might be hard to ascertain the true copyright holder of many useful images that you find on the web. Therefore complying to the law is next to impossible and so, naturally, most people take the easy way out. All over the web you see thousands of pictures used in websites which just directly link from the original source in question (which amounts to bandwidth stealing) or hosted at photobucket or Flickr or similar image hosting sites (which amounts to a technical breach of copyright). There is a third alternative, by the way, which is to use public domain images, but finding suitable ones for use in context is a more difficult task.
I am yet to understand the full implication of copyright law in such situations. I am entirely willing to attribute the original copyright holder in each instance of such use. However, I have no idea whether such use is (technically) allowed or not under the "fair use" clause. Most of these copyright holders probably couldn't care less either way if you used their images as long as you didn't do so with an intent to steal their work or benefit commercially from them, but unfortunately the image hosting services in question are understandably rather particular about this since they don't want to throw themselves open to any potential litigation since "fair use" is a rather subjective concept which can be contested by Law.
So if you are in the habit of using graphics which don't belong to you and host it on some free image hosting site, then beware, for you run the risk of your account being deleted at any time. To be on the safe side, always credit the original source in question and clarify with your image hosting provider whether such use is permitted or not.
In the meantime, this seems to be a good read on the subject.
6 comment(s)
Comment by J_K9 (visitor) on Tue, Feb 14, 2006 @ 20:37 IST #
Comment by hari (blog owner) on Tue, Feb 14, 2006 @ 20:45 IST #
Comment by aysiu (visitor) on Tue, Feb 14, 2006 @ 23:08 IST #
Comment by Dominic (visitor) on Wed, Feb 15, 2006 @ 03:18 IST #
Comment by titanium_geek (visitor) on Wed, Feb 15, 2006 @ 05:31 IST #
Comment by hari (blog owner) on Wed, Feb 15, 2006 @ 08:26 IST #