# how to check image for copyright?



## larryh10000 (Oct 23, 2007)

I have an image that I downloaded from a google search and before I use it I want to be sure it isn't copyrighted. Any ideas if there is some software or something I could buy or, I have Paint Shop Pro, is there way to get that info?


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## colinsp (Sep 5, 2007)

Go back to where you found it in Google and see if there is any comment there.

Search it on Tineye.com

Look in the exif data of the image to see if there is a copyright entry.

Even with all of the above the image is still someone else's copyright as you did not take it even if it is not so explicitly stated.


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## Peano (Feb 11, 2006)

larryh10000 said:


> before I use it


Use it how? For what purpose?


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## Elvandil (Aug 1, 2003)

I'm no expert, so I'm offering only an opinion. But I would think that an explicit "copyright" is not needed. Any image belongs to its owner until that owner gives permission for it to be used by someone else. You need to contact the owner. If you can't, I would say to use the image, anyway, and simply be prepared to take it down if the owner requests it. I wouldn't, however, embed the image in retail software or something similar where it can't be recalled if necessary. The owner may want some recompense for that type of use.

I'd also think that if the image has been published previously under the owner's name that it is them subject to a sort of "common law" copyright since the image and its owner were then linked in the public domain.

Someone in the know about this who deals with this type of thing often will know immediately what you need to know. Hopefully, said individual will see this and help you.


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## Peano (Feb 11, 2006)

The reason I asked (earlier) how you intend to use the image is that the copyright might not matter at all. People often assume that a copyright gives the owner absolute control over all uses of an image. It doesn't. There are many exceptions, especially under the *fair use doctrine*.

The answer to your question depends on how you want to use the image.


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## Noyb (May 25, 2005)

heatherjung said:


> I don't think that if any data is having copyright then it is possible to copy them or download them ....


Wrong Answer ...


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## Peano (Feb 11, 2006)

Just for fun and perhaps enlightenment, pretend you're the judge in this case:

Smith is writing a history of a rock band covering 30 years of its career. He discovers concert posters produced over the years by Jones for the group. Jones holds the copyright to the posters.

Smith negotiates with Jones for a license agreement to reproduce the posters in the book, but they cant agree on a license fee. So Smith uses the posters anyway. Reduced copies of the images accompany text to illustrate of the groups concerts over the years. His book is published, and it goes on sale in bookstores.

Jones sues Smith for copyright infringement. Smith claims fair use. ​You be the judge. Which party wins?


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## cwwozniak (Nov 29, 2005)

Peano said:


> You be the judge. Which party wins?


Smith
Based on ...
http://www.billboard.com/biz/articles/news/1411628/case-summary-fair-use-of-concert-posters


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## Peano (Feb 11, 2006)

cwwozniak said:


> Smith
> Based on ...
> http://www.billboard.com/biz/articles/news/1411628/case-summary-fair-use-of-concert-posters


Exactly. And it's a good case to illustrate how far off the mark many photographers are in thinking that no one can use or alter their images in any way without their consent.


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## hewee (Oct 26, 2001)

Elvandil said:


> I'm no expert, so I'm offering only an opinion. But I would think that an explicit "copyright" is not needed. Any image belongs to its owner until that owner gives permission for it to be used by someone else. You need to contact the owner. If you can't, I would say to use the image, anyway, and simply be prepared to take it down if the owner requests it. I wouldn't, however, embed the image in retail software or something similar where it can't be recalled if necessary. The owner may want some recompense for that type of use.
> 
> I'd also think that if the image has been published previously under the owner's name that it is them subject to a sort of "common law" copyright since the image and its owner were then linked in the public domain.
> 
> Someone in the know about this who deals with this type of thing often will know immediately what you need to know. Hopefully, said individual will see this and help you.


I think your right.

http://www.wikihow.com/Avoid-Copyright-Infringement

Now if you have the copyright you can GIVE UP that right uploading it to some sites so always READ the Usage & Privacy Policy, ETC so you know your images are still yours. 
This may work still with your image but they can use it to make money because they sell things and put the image on it. So know where you upload your images. Also it's so easy for anyone to take your image and use it. So if you want to protect the image then add water marks and keep the image smaller on images you sells.


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