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Old 03-15-2013, 10:57 PM   #1
pornluver
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To what extend we can use other's pictures without permission?
For example,

Say I want to take a screenshot of princess and a frog story. 50 children are sent to hospital because they kiss a frog when the movie is launched. I want to show that disney's movie is more dangerous than hentai.

Does that count as fair use?

Also in my e-book, I can set that the picture is not copied on the document but simply hotlinked. Will that make any different?
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Old 03-16-2013, 06:24 AM   #2
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Yes, using a picture for purposes of commentary, such as you describe, would constitute fair use. There's no point in having an "external" hyperlink in an ebook - few devices will support such a link.
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Old 03-16-2013, 04:37 PM   #3
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I don't think I'd want to take on Walt Disney's lawyers even if it was legal.
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Old 03-17-2013, 08:39 AM   #4
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Originally Posted by mr ploppy View Post
I don't think I'd want to take on Walt Disney's lawyers even if it was legal.
What about this pictures? If I cite source is it legal?

[snip link to a copy of a Dilbert cartoon]

That seems to be a simple picture from a full book.

Also many pics in 9 gags are around. SOmetimes we can't even know what the original author is.
Last edited by pdurrant; 03-17-2013 at 10:22 AM.
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Old 03-17-2013, 10:25 AM   #5
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Citing a source doesn't affect whether it's legal under copyright law.

Whether you know the original author doesn't affect whether using something is legal under copyright law.

The are only three ways that using someone else's content is legal
  1. The content is now in the public domain
  2. You have permission from the copyright holder
  3. The use can be justified under your local fair use laws.

If non of those apply, don't use the content.
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Old 03-18-2013, 07:40 AM   #6
Turtle91
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Quote:
Originally Posted by pdurrant View Post
Citing a source doesn't affect whether it's legal under copyright law.

Whether you know the original author doesn't affect whether using something is legal under copyright law.

The are only three ways that using someone else's content is legal
  1. The content is now in the public domain
  2. You have permission from the copyright holder
  3. The use can be justified under your local fair use laws.

If non of those apply, don't use the content.
Curious...
How would you know if it is in the public domain? Is there a "In the public domain" list somewhere? How do you know if an image is protected by copyright and/or how do you get permission if the author/copyright holder is unknown.
Local fair use is just that, local. What is legal in one locale might be infringing in another.

I suppose it is safer to use only images you've made yourself...unless the image you've made is of a copyright protected subject...

Copyright law is so confusing...
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Old 03-18-2013, 07:46 AM   #7
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Quote:
Originally Posted by Turtle91 View Post
Curious...
How would you know if it is in the public domain?
You wont, unless you find where it is stated.
Quote:
Is there a "In the public domain" list somewhere?
No. I think you underestimate the amount of stuff produced by our race..
Quote:
How do you know if an image is protected by copyright and/or how do you get permission if the author/copyright holder is unknown.
You ask the creator.
Quote:
I suppose it is safer to use only images you've made yourself...unless the image you've made is of a copyright protected subject...
Always use your own stuff, if you want to be safe.
Quote:
Copyright law is so confusing...
Not really.
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Old 03-18-2013, 07:56 AM   #8
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Quote:
Originally Posted by Turtle91 View Post
Curious...
How would you know if it is in the public domain? Is there a "In the public domain" list somewhere? How do you know if an image is protected by copyright and/or how do you get permission if the author/copyright holder is unknown.
Local fair use is just that, local. What is legal in one locale might be infringing in another.

I suppose it is safer to use only images you've made yourself...unless the image you've made is of a copyright protected subject...

Copyright law is so confusing...
Copyright laws vary from place to place. You need to know the law for the place you're intending to publish.

For most of the world, for written and drawn/painted works, things fall into the public domain 70 years after the author/artist has died.

Photographs are the main exception to life+70 terms, and often are only protected for 50 years from creation of publication, but, due to changes in copyright laws, the exact length of protection might depend on exactly when the photograph was taken or published.

And yes, if you can't get around copyright laws by taking a photograph of a copyright object. You might or might not create a new image with its own copyright by doing so, but the image you create will almost always be subject to the copyright of the original object as well.

Copyright laws, especially term lengths, are horrendously complicated due to differences between countries, and due to changes in the laws over the past century in each country.
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Old 03-19-2013, 01:51 PM   #9
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This is one reason for the popularity of "stock photography" (e.g. shutterstock.com). You can pay for the use of an amazing selection of images.
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