Right, Dunno if anyone can help with this.

I need to get some pics of certain products, for to put on a website. Things like printer cartridges, office supplies, that sort of thing.

Just a few illustrative images like this. You know, to make lists of products seem less boring.

As I don’t have copyright of these images, what’s the best way of going about being able to use them legally? After all, they will only be advertising the manufacturers’ products, which can’t at all be anything but positive for them.

Do I really have to negotiate with every single manufacturer/supplier/whoever has copyright of the images? That’s going to take forever!

What’s the legal position of something like this? Anyone do this sort of stuff on a regular basis? What’s the easy way round this issue?

[Bump] Anyone? Client wants to just rip pics off tinternet, but I don’t want to violate copyright.

*Cautious – dangerous ground, and speaking as an occasional commercial photographer*

I would go with the clients’ request on the understanding that they go and ‘harvest’ the images themselves. The photographer who initially had the contract will almost certainly have done the job on a ‘royalty-free’ basis and will expect no more income from the images. Those who contracted the job, i.e., the manufacturers, will, as you surmise, only be too glad to see their products promoted in any way, shape or form.

Agree it would be totally impractical to speak to all the manufacturers individually. Failing that, hire me to take new product shots 🙂

So are these sort of product shots ‘royalty free’, then?

I’m not bothered too much, but I don’t want someone suing me for breach of copyright! Not that it’s that likely to happen.

See here for a relevant act of parliament:

http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_2#pt1

Might be worth seeing if you can find useful images on these sites:

http://www.sxc.hu/
http://www.morguefile.com/
http://imagebase.davidniblack.com/main.php
http://openphoto.net/
http://www.stockvault.net/

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Hmmm…just been through the exact same dilemma – client sells multiple products from many suppliers. They asked one of our designers to “just copy them from the manufacturer’s website/brochure”. Fortunately, he was bright enough to come and ask me if this was ok – no it isn’t.

I had to revert to the client and explain that they could not ask us to commit copyright fraud on their behalf. And, that we would be the ones who would have any action taken against us. I then drafted a suitable email for them to send to their suppliers, which they grudgingly did.

Almost every single supplier responded positively and allowed our client to use the pics however 3 out of around 50 said absolutely not and they would prosecute if we used even so much as a logo.

Never mind how much of a pain asking might be, fighting a copyright case is a hell of a lot worse. How do I know this? One client put a pic they found on the internet on their homepage because it looked enigmatic and suited their image. We did not know and Getty Images who owned the copyright approached us with a bill for £6K and a nasty cease & desist letter from a US Attorney. We explained and the client got stiffed with the bill plus Attorney costs of another £1500.

By all means go ahead, just keep me posted I don’t get to laugh out loud often enough.

I asked permission of some of the big bike manufactures years ago and nearly all agreed it was ok, but it was for a personal non-profit making site though.

why not just hot link to the image? If the owner doesn’t take steps to prevent this it implies consent, and no copying takes place.

Errr think you may find that quite a few people will spot the bandwidth stealing and object especially large companies with switched on IT depts.
One action that is often taken is replacing the image being “borrowed” with one reading – “you are stealing my bandwidth” which may not look good on the website you are building.
I think SFB is something of a casuist and would encourage you to err on the side of caution.

Ok, after a short discussion, we’ve got 2 options;

1; I use images from manufacturers’ websites, with the caveat ‘images supplied by client’ in my invoice. This absolves me of any worries, as it means I am under the belief that copyright belongs to the client, even though I know it does not in any way. No one will know this. I am covered.

2; Spend time emailing/’phoning suppliers/manufacturers. And invoice for time spent.

Client obviously prefers option 1, and does not in any way think there’ll be any comeback. I prefer to err on the side of caution. It’s extremely unlikely that Epson etc will be bothered anyway, but best to be on the safe side, I say. Rogerthecat makes a good case for being legally covered…

A few years ago, I got £100 off a magazine, for publishing a picture of mine without my permission. I’d done some photos for a baynd, and their manager sent one to a mag, who then published it. I was aware of what was going on, but my permission had not been asked. I waited until the edition went to press, and then invoiced the magazine. Their argument was that the image had been supplied by someone who they believed to have copyright. I asked for proof of this, that the manager had explicitly stated that he owned the copyright/right to publish, but of course they did not. The manager only had the right to use the image for promotional purposes of their own publications, not any third party. The mag did try saying I would have to seek compo from the manager, but I told them it was they who had published the pic, not he. He had merely supplied them with an image, but given no expressed permission to use it.

Of course, had I spoken out sooner, and told the mag, that the image was mine, and I wanted paying for it’s use, they probbly wooduv not bothered with it, or I’d have only go £20 or something. So, a bit sly of me, but that’s how the system works; screw or be screwed, unfortunately. Immoral? Go talk to some MPs… 😉

It’s all about the wording. If the client informs me they have the rights to reproduce an image, and this is expressed in a contract, then my arse is draped in silk and velvet. If not, then it’s open to the elements of Law.

Ta for advice. S’a plaver though, in’t it?