copyright question

I have been using the free stock photo exchange http://www.sxc.hu/ for a while, for most web projects.

my question is if a copyright photo was uploaded by some user, and I use it on a web project am I liable??

I know this would be rare, but has anyone ever heard of this happening?

Are you saying that the picture is not copyright material of anyone on the forum?

http://www.sxc.hu is quite clear on its copyrights. When you search for an image you click on it and a page comes up with the image as well as info and comments on the photographer. Under the image it will say clearly something like either:

"There are no copyright restrictions on this image"

OR

"This image is copyrighted and cannot be used unless contacting the photographer".

sorry, I'll rephrase

if someone uploaded a photo that was not his/her property to the photo exchange claiming to be the photographer, and I download it and use it on a web page... if the rightfull owner found it, Am I liable??


note: anyone can upload an image claiming to own it.

You wouldnt think so - although you would be asked to remove it, the person who uploaded it as their own would be the one to get in trouble.

These copyright laws are very tricky and detailed, but I would say that if someone uploads an image and claims it to be theirs and allow you to use it, then go for it. Whether it is their image or not, give THEM credit for it on your page with maybe a link to the page you were able to get the picture. This way if the owner were to come across the image, there is a distinct trail leading to the other person who uploaded it and claimed it to be their original work, therefore giving them all the blame.

That makes sense to me

Pretty sure no matter how you look at it your liable though..it is your obligation to determine the rightful owner of the photo..it would be like be buying a car for $5, then claiming just because I have no pinkslip, the guy who I bought it from said it was his! Ignorance is no excuse..

if he didnt know the photo wasnt legal, how can he been anything other than ignorant? It was the person who posted it who bears the rap - now he/she DID know it wasnt his/her image to start with.

yes, this is the part that worries me, I have no way of telling without any doubt that the photo was uploaded ligitimitly. even if I contacted the "uploader" I still can't be certain that he uploaded it ligitimitly.

I know thousands of people use this service so I'm sure this is not a common problem, but it does have me a bit concerned.

Well mate, I use that site for most of my stock images I need - and the things they get used on get commercially printed and distributed around Australia & the world.

I only use images that have no copyright on them which can be used commercially free of charge.

Cheers.
Rose

Hey iBold, I disagree with what your saying. You cannot compare a car (physical item) with digital media. There is no possible way for someone to steal your car by copying it and selling the copy for $5. But with content online, there could be thousands of copies and thousands of people claiming ownership unrightfully to the same thing.

Since we have no real way of tracking down the actual creator of most digital media, we HAVE to assume the person bringing it forward is the owner if they claim to be.

I think as long as an image is not blatenly labeled copyrighted, there will be a grey area as to the legality of using it.

But again, if you are this concerned go to a legal authority to be sure, I have no basis besides logic for what I'm saying!