Avoiding Copyright Infringement in Your Underwear (or Swimsuit)
Why the creepy man in his underwear and the bikini babe again? Well, I seem to be doing fairly well for Google searches for pictures of men in their underwear, so I figured I’d give Google some more fodder.
And, why yes, the picture is relevant to this post. How about that?
Well, this post is about how to avoid copyright infringement. More and more bloggers are using in their posts (after the a-list bloggers said this helps retain or attract readers or whatever), and there are some guidelines that should be followed.
The Basics
First of all, not everything on the Internet is in the public domain. There is a common misperception that if something is online, it is free for the taking. This is not the case. And, since 1987 (or thereabouts), a copyright notice is not required for copyright protection. So, even if you see something without a copyright notice, that does not mean it is not copyrighted!
Second, while there are photo sharing sites that may encourage sharing photos, you still must be careful how you use those photos. Check the restrictions very carefully; some restrictions may vary by the photographer (or photo) while other restrictions may be common to all photos on a site. That will depend upon the site, so always check the terms of use very carefully.
Be mindful too of images that are marked for non-commercial usage only. Different people may have different definitions of what that entails. In many cases, it is intended to prohibit people from doing something like selling a bunch of t-shirts with that photo on it. For some sites, that type of commercial usage may be completely prohibited, while on other sites, it may require a special licensing and higher fee or royalties. In other cases, non-commercial may be much more restrictive than direct sales of the photo or image. They may mean to define any blog or website making money in any way (such as AdSense) as “commercial.” It doesn’t matter how much you are making, even if it’s pennies a month, you could still be considered a “commercial” site.
When in doubt, assume that your site is commercial, and ask permission to use the image, or don’t use it at all.
If your site is a news-type site, you may have greater leeway in using images for newsworthy purposes. But, for the purposes of this post, I am going to deal with commercial sites, and by that I mean any type of commercial site, whether you have AdSense or are selling an actual product.
The Safest Way
Of course, by far the safest way of avoiding any instances of copyright infringement is to create your own content. You can also hire someone, such as an illustrator or photographer, to create content for you, but be sure to have a contract that specifically covers what rights are being transferred and how you can use the content. That is, however, beyond the scope of this post. Here I will be focusing on creating your own content.
If you are artistically inclined, you can draw your own illustrations and designs to be used on your blog. However, if your drawing skills are not that advanced, there are several easier options.
Be Your Own Photographer
Being your own photographer is pretty easy these days. Decent digital cameras are readily affordable. You don’t even need the latest model; you could buy an older one on eBay. Most digital cameras make taking good pictures relatively easy. Get a model with a viewscreen and you can preview your photos before leaving the scene to make sure you’ve got a decent shot.
Be mindful, however, of how you use the photos you take. Just because you took the photograph yourself doesn’t mean that you will be able to use it on your commercial site.
Huh?
You see, there are some “gotchas” to be wary of when taking photos. For example, you may not be able to use a photo of a commercial building on your commercial site, without the owner’s (or in some cases, the architect’s) permission. Certain architecture may be protected by copyright. And, that copyright will likely belong to the architect and not the building’s owner. In such a case, you will need permission from both to take and use the photo on your blog.
Sculptures, statues and monuments may also be protected by copyright, and permission will need to be secured before using photographs of them. Here, you may have some leeway. If the statue (for example) is not the focus of your photo, you may be okay. Say, for example, you take a photo of your local park, and there is a monument in the park. If your photo is of the park and the monument is in the photo but not the central focus, you are probably going to be okay, but if the focus of your photo is the monument, you may have issues.
Mind you, that such architecture created before 1923 is likely in the public domain.
Some useful information on the rights of photographers is available here. Look for the PDF download.
Be Your Own Artist
If you’re drawing skills are not up to par, you could try 3D software. A variety of packages are available that will allow you to create your own scenes and set things up however you would like. Some software even allows you to pose your models and dress them in different outfits, create different backgrounds and so on.
If you aren’t up to the task of creating your own 3D models, you can buy models for different software packages. Again, just be sure the models you buy can be used for commercial purposes.
Plus, it’s generally less expensive than hiring real life models and making sure you have the appropriate model releases and so on.
Combinations
You can even combine the different methods to create unique artwork for your site. You could take an outdoor photo with your digital camera, and then render 3D models as if they were in that scene. Alternatively, with either your 3D renders or actual photos, you can run them through some Adobe Photoshop filters to create different looks, anything from a hand-drawn sketch to something more cartoony. And, add-on filters will add more possibilities.
The guy in his underwear and the bikini babe are a rendered 3D image that was run through a Photoshop filter to give it the appearance of something that might have been drawn by hand.
Summary
I am not a lawyer, so you should be sure to read carefully any licenses related to any images or models that you use. And, also check any local laws regarding photography, as certain jurisdictions may have special restrictions.
You have some really good points DCR, but I just cannot afford a good camera right now. I get most of the pictures I use from flickr, especially the ones for my short stories. I always give them a link and contact them either through a comment or e-mail. Everyone who has ever gotten back to me, really appreciated what I did. I know many people just steal and don’t care which is definitely wrong. That’s a cool picture you did there!
I’m wrong. I admit it. I’m wrong a lot, in fact. Sometimes I’m so wrong I get angry letters telling me how wrong I was, and if I don’t remove the wrongful content, they’ll come after me and correct me with a meat tenderizer.
I like to pretend that I am the cat in the open source sandbox that is the internet.
[...] Avoiding Copyright Infringement in Your Underwear (or Swimsuit) - DCR Blogs wrote this informative and entertaining piece. He has an uncanny ability to add humor into many of his posts, even when getting serious, something we should all learn to do! I love that weird picture Dan! [...]