Using Photos in a Database - Copyright Issue?

[AmazingLarry]

Hey guys,

I'm considering putting together a database website, but I'm trying to find out first if I could run into any issues with copyright infringement.

The website would contain a database of some fictional characters, and it would list physical characteristics about each character and show a photo of that character.
Would using images of characters cause me any issues with copyright infringement?

Also, would it make a difference if the website was monetized in some way vs. being strictly and information database with zero monetization? I guess it may depend on how the site was monetized.

As an example, this website is similar in a way to what I would be doing with the database: Favorites ⭐️ Costume Ideas | Costume Wall
This site is monetized and uses affiliate links to sell items for building costumes for different characters. Assuming that they don't have licensing for all these images, is this technically legal?

I chatted with a lawyer on justanswer.com, but it wasn't too helpful. I was very specific about what I wanted to do, and he basically told me that there could be difficulty using the images, but it also might be fair use. Not too helpful, but I'm still trying to get more answers from him.

Anyway, I figured I would ask here as well, so any input would be appreciated.

Thanks!

 

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[1step]

If you don’t own the images and don’t have the rights to use them then it is infringement.

If you can find the needed images on a royalty free site then you could likely use them on your site (you’d need to check the rights they give you). Other than that any image you use you’ll need permission to use.

I am not a lawyer and this is not legal advise and is just for educational use based upon my opinion based upon the information I have gathered from your post

 

[ChrisV]

basically told me that there could be difficulty using the images, but it also might be fair use

Search Google for Fair Use images. Fair use is a license where others are allowed to use the images. Or everything on Wikipedia is generally Fair-Use.

Yes, if you're profiting it may make things different.

You gotta read up on it:

What Is Fair Use?

In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. ...

fairuse.stanford.edu

 

[Kid]

Would using images of characters cause me any issues with copyright infringement?

Yeap.

Also, would it make a difference if the website was monetized in some way vs. being strictly and information database with zero monetization?

Nope.

 

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[Jon L]

Hey guys,

I'm considering putting together a database website, but I'm trying to find out first if I could run into any issues with copyright infringement.

The website would contain a database of some fictional characters, and it would list physical characteristics about each character and show a photo of that character.
Would using images of characters cause me any issues with copyright infringement?

Also, would it make a difference if the website was monetized in some way vs. being strictly and information database with zero monetization? I guess it may depend on how the site was monetized.

As an example, this website is similar in a way to what I would be doing with the database: Favorites Costume Ideas | Costume Wall
This site is monetized and uses affiliate links to sell items for building costumes for different characters. Assuming that they don't have licensing for all these images, is this technically legal?

I chatted with a lawyer on justanswer.com, but it wasn't too helpful. I was very specific about what I wanted to do, and he basically told me that there could be difficulty using the images, but it also might be fair use. Not too helpful, but I'm still trying to get more answers from him.

Anyway, I figured I would ask here as well, so any input would be appreciated.

Thanks!

What that answer from that lawyer means is:

"I don't know. And neither does any other lawyer. How this will play out is:
1) you post the pictures
2) you get sued by a small percentage of the copyright holders
3) you battle it out in court
4) the court decides for you or for the plaintiff
After step 4, you will have your answer." ($100K or so later)

Even if your lawyer comes up with great legal reasoning why you can use the images, copyright holders can disagree. They'll come up with their own reasoning as to why what you're doing violates their rights. Who is right? Who knows. That's what court is for. And they have much deeper pockets than you do.

 

[AmazingLarry]

If you don’t own the images and don’t have the rights to use them then it is infringement.

If you can find the needed images on a royalty free site then you could likely use them on your site (you’d need to check the rights they give you). Other than that any image you use you’ll need permission to use.

I am not a lawyer and this is not legal advise and is just for educational use based upon my opinion based upon the information I have gathered from your post

Search Google for Fair Use images. Fair use is a license where others are allowed to use the images. Or everything on Wikipedia is generally Fair-Use.

Yes, if you're profiting it may make things different.

You gotta read up on it:

What Is Fair Use?

In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. ...

fairuse.stanford.edu

Yeap.

Nope.

What that answer from that lawyer means is:

"I don't know. And neither does any other lawyer. How this will play out is:
1) you post the pictures
2) you get sued by a small percentage of the copyright holders
3) you battle it out in court
4) the court decides for you or for the plaintiff
After step 4, you will have your answer." ($100K or so later)

Even if your lawyer comes up with great legal reasoning why you can use the images, copyright holders can disagree. They'll come up with their own reasoning as to why what you're doing violates their rights. Who is right? Who knows. That's what court is for. And they have much deeper pockets than you do.

Thanks guys. Definitely not worth the risk.

 

[RazorCut]

Actually it’s very rare to get sued. If some takes issue you will get a cease and desist letter. Only if you fail to heed that is further action liable to be taken.

I’m not saying it’s worth the risk, just pointing out the realities.

 

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[Jon L]

Actually it’s very rare to get sued. If some takes issue you will get a cease and desist letter. Only if you fail to heed that is further action liable to be taken.

I’m not saying it’s worth the risk, just pointing out the realities.

Agreed. I skipped that step in my answer for dramatic affect.

One thing that can realistically happen though, even on the first letter is a demand to pay a fee for use of the images. A fairly hefty fee. Something like 1200 dollars per image.

 

[Kruiser]

I chatted with a lawyer on justanswer.com, but it wasn't too helpful. I was very specific about what I wanted to do, and he basically told me that there could be difficulty using the images, but it also might be fair use. Not too helpful, but I'm still trying to get more answers from him.

You aren't gong to get more specific answers from him because what you are asking is impossible for him to answer in black and white.

What you want to know is, "How will an unknown judge in a future case brought by an uknown plaintiff with unknown facts weigh the 4 Campbell fair use factors to decide whether my use of copyrighted images is fair use or not?"

No lawyer without a working crystal ball can give you a definite answer.

The practical answer to virtually all "Can I use this copyrighted work or trademark?" is:

If you don't make any money, no one will care. If you are making money, you are going to get shut down.
You can't build a sustainable business based on someone else's IP unless you are licensing it.

 

[RazorCut]

One thing that can realistically happen though, even on the first letter is a demand to pay a fee for use of the images. A fairly hefty fee. Something like 1200 dollars per image.

Yes but that’s just wishful thinking on their part. The only way to try to get you to pay would be taking you to court and that’s usually way too much trouble.

I used to do a lot of stock photography. I’ve had so many images stolen over the years I eventually gave up chasing after people. I’ll bet given an hour I could find 50 of my images on the web today.

 

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