QUESTION
Am I responsible for other websites' copyright permissions on my blog?
Asked on Jul 27th, 2012 on Entertainment Law - California
More details to this question:
If I put a screenshot from another website onto my blog with their permission, but that site does not have rights to the images it uses, can I get in trouble? I take an image of someone else’s website and they have granted me permission to post it on my blog. And I link image back to that website. However the website I got the image from did not have permission from the original copyright holder. Does that make me still liable for copyright infringement on my blog and can I get sued? Even though the website I got the image from gave me permission?
Lets say there is a bunch of the same image out on the internet that I want to use and I cannot find the orginal image, therefore I cannot find the orginal copyright holder.
I know it is best to get permission from the original copyright holder but sometimes you cant find it. Don't want to be in a situation I am trying to do the right thing but end up doing the wrong thing.
3 ANSWERS
Entertainment Litigation Attorney serving Beverly Hills, CA
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Lowe & Associates
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If you receive permission from someone you believe to have the right to grant permission to a copyrighted work and it turns out they do not, you can still be liable for copyright infringement. However, if you do not make any significant profit as a result of the usage of the copyrighted work, you will only be labeled what is known as an innocent infringer. The damages for innocent infringement are approximately $500.
Answered on Aug 18th, 2012 at 7:59 AM
If you know that an image is under copyright protection, you have an obligation to get permission from the copyright owner before you use the image. If you intentionally use an image knowing that it is copyrighted and that the person you got it from does not have the right to use it himself, much less to grant you the right to use it, you are liable for your own violation and the penalties can be severe. The fact that other people are using the image is irrelevant.
Answered on Aug 17th, 2012 at 11:31 PM
Susan Marie Basko
You are responsible for the content on your blog or website. However, you can give yourself some protection under the Digital Millennium Copyright Act (DMCA) by registering, paying a fee, and naming an agent. Then you post on your site where a Copyright holder can send notice if they believe you are infringing on their copyright. This simple act puts a step before anyone can sue you for Copyright first they must notify you and give you a chance to take down the item.
Answered on Aug 14th, 2012 at 4:20 PM