QUESTION

Can I use imagery from films, video games on my website? Or do I need to get permission from the creators/owners?

Asked on Oct 16th, 2012 on Entertainment Law - California
More details to this question:
From what I understand, as long as people are not using the images to make money, it is legal. For example, if I create a group on Facebook about cars, can I use Corvette, Ferarri images in the group banner?
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6 ANSWERS

Entertainment Attorney serving Beverly Hills, CA at MindFusion Law, LLP
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Intellectual property is a valuable asset. It is always recommended that if the content you are using or posting is not your own original work, permission should be obtained by the image owner.
Answered on Oct 17th, 2012 at 9:13 PM

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You must get permission to use imagery from films and video games on your web site. It does not matter whether you are making money or not. Any use by you without permission is a violation of copyright law.
Answered on Oct 17th, 2012 at 2:53 PM

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You would be most safe getting permission (a written license). There is a doctrine including an exception called fair use that allows some use for publication, and education, that would likely not apply here.
Answered on Oct 17th, 2012 at 1:26 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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There are limited times when one can use copyrighted images without advanced permission from the copyright owner. The exceptions are for educational use such as teaching or scholarship (not just sharing information with others), literary and social criticism, parody, and First Amendment activities such as news reporting. Check with your attorney to see if your proposed use fits under the Fair Use defense to copyright infringement.
Answered on Oct 17th, 2012 at 1:21 PM

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John J. Carney
You can use stock photography or pay for a particular image. If you use anther person's photo, film, or image you can be sued.You could be sued by the model or actor, the car company, or the photographer. I doubt they would sue over a Facebook use.
Answered on Oct 17th, 2012 at 1:13 PM

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Susan Marie Basko
Many companies that make cars, games, or movies will be more than thrilled to send you photos that you can use on websites about their products. Many even have such jpeg images that you can download and use. These will be on their official websites under a tab called Press or Media. For example, I just looked at the Official Ferrari website, and it requires people to register as an accredited journalist to have access to a set of images. You may want to try your luck at registering. The Corvette site has hundreds of fabulous photos and videos, and it sounds as if these may be used for non-commercial purposes, but you should contact them via their website and ask to be sure. Let them know just what you plan and ask if that is okay. It sounds as if you can definitely embed the videos on your nonprofit Facebook or website about cars.Other than such photos freely given for use, you need permission to use images on your website, unless the images have been given a Creative Commons license by their creator and if that Creative Commons license includes use on websites. Copyright on photographs usually belongs to the photographer, but in the case of movies, games, and products probably belongs to the company that owns each product. There may be some forms of Fair Use that might be available if you are doing a review or commentary or analysis of the films or games. In fact, MANY games, movies, and products will gladly send you press photos that you are free go You really should consult with a lawyer.
Answered on Oct 17th, 2012 at 9:10 AM

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