Use of product images from websites

[CullingworthGNR]

Hello all,

 

Does anyone know whether you are allowed to use product images for Hornby, Bachmann, and other products from the official websites - for example for a review section of your own website? I have seen many other sites that do this but it could be that only retailers are allowed to do so.

 

Thanks in advance for any thoughts.

[Kris]

Unless you have an image release from the company or they have added a copyright waver to the image then the simple answer is no. The image would be covered under copyright rules.

[spamcan61]

There was an excellent summary from someone on here a couple of months back, which I can't find, particularly using images for the purposes of research or review.

 

In this specific case I'd start by checking the copyright statements on the web sites you want to use images from.

[54Strat]

Have you tried asking the websites and manufacturers concerned? It's really the only way to know for sure, and the only way to get permission.

 

Paul

[CullingworthGNR]

Ok guys, thanks for your help. I'll see if I can get a reply from Hornby and the like - having looked hard on the website there was nothing, and I wondered if the answer was therefore widely known.

[hmrspaul]

OR you could take the same attitude as TMC did very recently when I pointed out that they did not have copyright release for a photograph they use on their websites.

 

"We found these pictures somewhere on the net and there was no copyright

either on the website or the picture itself so they are free to use. To have

a chance of being copyright they should have been watermarked or clearly

stated on the site as being copyright images. "

 

As I have the original slide beside me (it is not one of mine) I don't know how they got this apart from via a magazine which has published with a clear copyright acknowledgement.

 

Paul Bartlett

 

PS - don't take this advice! Paul

[Kris]

Ok guys, thanks for your help. I'll see if I can get a reply from Hornby and the like - having looked hard on the website there was nothing, and I wondered if the answer was therefore widely known.

 

There is a copy right notice at the bottom of each page

[Guest jim s-w]

There was an excellent summary from someone on here a couple of months back, which I can't find, particularly using images for the purposes of research or review.

 

In this specific case I'd start by checking the copyright statements on the web sites you want to use images from.

 

Unless a copyright statement says you can use the image you cant! Lack of a statement also means you cant!

 

I have to ask though - If you are going to review something you must own it anyway - why not take your own pictures?

 

Cheers

 

Jim

[Andy Y]

OR you could take the same attitude as TMC did very recently when I pointed out that they did not have copyright release for a photograph they use on their websites.

 

"We found these pictures somewhere on the net and there was no copyright

either on the website or the picture itself so they are free to use. To have

a chance of being copyright they should have been watermarked or clearly

stated on the site as being copyright images. "

 

I've been quite astounded by their cavalier attitude to the 'net myself today. I called them to discuss the matter and got a similar carefree approach whilst feeling they're doing others a favour.

 

 

 

[CullingworthGNR]

I'm hoping to get people to submit photos as well as reviews, but I had wondered if there was any possibility of using the catalogue images to fill the gaps (as used here).

 

I've already had one instance of people using my stuff for their own websites, but as it had been submitted by a reader he didn't know where it had come from. He was happy to take it down, and we're now in regular email contact!

 

Thanks again guys

[Bernard Lamb]

Paul, perhaps you should tell them that photographers automatically own the copyright in any work that they have created; they do not need to register it, declare it, or anything else. The photographer can also invoice them for its use, (N.B. you don't have to be a professional to do this), and insist on its withdrawal from the web page for breach of copyright.

 

 

 

There is one very well known sports photographer who includes on his web site a statement pointing out that he will invoice you for £150 if he comes across any use of his photos without permission. It's an idea worth copying.

Bernard

[Gwiwer]

There are also model retailers who include on their websites a statement to the effect that images stolen will be charged for and offenders prosecuted. Some of those retailers will use manufacturer's library images at times (usually to promote an as-yet unreleased item) but will have a consent agreement in place to do so as part of the trade.

 

It is not permitted to use images taken or owned by other parties as part of a review process without having consent. The "fair dealing" provisions within Copyright law which permit use of small extracts of text or of music which are a part of a Copyrighted whole work do not apply because it is not the image itself you are reviewing but the item illustrated. If you are successful in gaining consent to use images it is appropriate to include a statement to this effect on your site such as "Copyright images used courtesy of <source> with their kind permission."

[Ohmisterporter]

At one time there used to be sellers on Ebay who regularly used makers pictures to illustrate items they were selling. Often with words such as "Library picture" in the description. This does not exempt them from being copyright thieves of course. I cannot believe they contacted the big train makers and asked permission to use the pictures in such cases. I prefer to see a picture of the actual model I am buying anyway.

 

Geoff.

[Kris]

At one time there used to be sellers on Ebay who regularly used makers pictures to illustrate items they were selling. Often with words such as "Library picture" in the description.

 

It's not just pictures that people steal on ebay. I sold several items and got some very good prices for them. A couple of weeks later I found someone selling a similar item using my description including the spelling mistakes I had put in to it. I was quite flattered by this.

 

 

 

 

[chris p bacon]

I read an article in a photographic magazine earlier today about uploading images to Twitterpic, (not something I am interested in) by doing so you allow them to distribute the images although copyright remains with the owner. how's that for confusion!

 

Another thing I've noticed is org's like the BBC asking for pictures to be sent in for news items, they usually credit the owner but do not make payment.

[Gwiwer]

It is normal to receive nothing in return for freely-submitted images to news sites asking "Were you there?" apart from the possible kudos of seeing yours in print (or online) with your name somewhere in tiny type. Reproduction fees are another area altogether. You might reasonably expect to get something for commissioned articles and sometimes for free submissions to magazines, even possibly for extremely newsworthy images which a reporter hasn't managed to grab first, but again this isn't automatic and each publication will have their own policy.

 

In all cases check the T&C and that you retain ownership of the Copyright. I don't put many of my better images online for good reason - they are being held for possible publication at a later date with the intent to earn a little pocket money from them.