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Question

Hello,

I am trying to commercially use a celebrity photo from www.Flickr.com that is released under Creative Commons (commercial friendly). Of course, I will attribute the owner properly as required by the license.

But how do I make sure the user who actually uploaded the picture is the rightful copyright owner of the picture?

I suspect several images are published with illegal/incorrect copyright information. What if the uploader does not hold the rights? Later on, can I get sued by the real right holder?

Just FYI:
I am an independent website developer and a aforementioned commercial use is for a very simple trivia game suitable for the whole family.

Submitted: 90 days and 4 hours ago.
Category: Legal
Value: $25
Status: CLOSED
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Posted by socrateaser 90 days and 4 hours ago.

Answer

Unfortunately, the U.S. Copyright Act places all liability upon the user of another's material. You are absolutely liable for innocent infringement. And, there is no effective means of searching registered copyrights for photographic infringement.

 

So, the only real way to avoid infringement is to create or commission all works yourself. Otherwise, you can never really be certain that you're operating safely.

 

Hope this helps.

 

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90 days and 4 hours ago.

Reply


What if I obtain a letter/agreement from the uploader where by he "permits" me to use the picture.

Posted by socrateaser 90 days and 3 hours ago.

Answer

That may give you a third party lawsuit against the licensor for misrepresentation, negligence or conversion. But, if that party couldn't indemnify your damages, you would remain primarily liable for the infringement to the rightful owner.

90 days and 3 hours ago.

Reply


Thanks for your responses.

Once last question : Is this applicable only within US? What if me, the developer of the website, or the company I am with is in another country but the rightful owner is in US?

Thanks.

Accepted Answer

Practically every nation in the civilized world is a signatory to the Berne Convention of 1986, which covers copyright law. The law is somewhat different in every jurisdiction, so, it's really difficult to definitively assign liability. Western European nations, Japan, South Korea and the USA will pretty much uniformily uphold a judgment made in any of the respective jurisdictions. Everywhere else, all bets are off.

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Expert: socrateaser
Pos. Feedback: 98.8 %
Accepts: 
Answered: 8/25/2009

Lawyer

Retired (mostly)

90 days and 3 hours ago.

Reply


Thank you.

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