Image Usages

If you are worried about infringement or your work has been copied and you want to take action.
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Image Usages

Post by pumplerinskin »


Got a bit of a problem and need some help.

I have set a website up that has guides to maintaining Landrovers specifically Defenders.

In setting up this site I have used images from another site and included them in my guides. The original poster of these images has now requested that I remove all images and texts (The texts have been expanded upon and extra detail added with the wording change significantly) relating to his original posts on another Landrover Forum.

His images were originally hosted on Photobucket and I copied them from there.

Photobuckets Terms of Use are as follows:-

"By displaying or publishing ("posting") any Content on or through the Photobucket Services, you hereby grant to Photobucket and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content marked "private" will not be distributed outside the Photobucket Services. Photobucket and/or other Users may copy, print or display publicly available Content outside of the Photobucket Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content). After you remove your Content from the Photobucket Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate."

I took this to mean that I could re use the images as I see fit, am I wrong ??

I have had the site running for 5 months and he wants me to remove the images thus nearly removing all visual content. Does he have any right to do this and can he take any action if I refuse ?

Any advice would be greatly appreciated.

When I signed up to the original site that the original poster of the images frequented there was and still is no implied copyright.

The sites users are all threatening to post private information about me including home address, home phone number and private information from an insolvency I experienced a few years back. Are there any legal gronds to prevent them from doing so and threatening me such actions ?
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Post by AndyJ »

I agree that the Photobucket terms and conditions certainly seem to indicate that you may use these images, because the other site owner must have agreed to the terms when he signed up to Photobucket, although in all probability he didn't read them that carefully.
I assume that you have pointed out to him why you felt it was OK to use the images, and that if he has a complaint he should take it up with Photobucket.
One thing that slightly concerns me is last sentence of the Photobucket terms. If the other site owner closes his account, you would be left high and dry with no apparent licence to use the images. Frankly other parts of the t&cs are also a little unclear. For example it denies any liability for damages etc arising "from your use of the Photobucket services". So on the one hand they appear to be allowing you to use the free licence which thay have obtained from the other user to access his images, but then want to remove themselves from the licensing chain.
The courts usually take the view that it is responsibilty of the 'buyer' (in this case someone signing up to a website) to check the terms and conditions which apply, unless the terms are particularly unusual, in which case it is the responsibility of the more experienced or senior party to bring the details to the attention of the less experienced party. As this particular condition is not unheard of, although some other sites such as Facebook have been forced by public pressure to remove similar terms from their t&cs, I'm not sure that a court would feel the 'buyer' is at a significant disadvatage here.
You could ask Photobucket for their advice since they are the key to this. They even invite this at the end of the t&cs: "Please contact us at: with any questions regarding this Agreement."
And a further problem lies in the fact that the t&cs specify that the legal jurisdiction for adjudicating disputes is the State of New York. If you and the other site owner are based in the UK, that makes it somewhat difficult to resolve matters.
So to sum up, assuming that a court would not find these t&cs unfair, and I don't see any immediate reason why they might, then Photobucket have obtained a licence from the other site owner, and you would appear to have an implied licence to use these images from Photobucket . You are therefore not infringing the other site owner's copyright. But this only applies as long as he remains a member of Photobucket.
I'm sorry but I can't advise offer any specific advice on the matter of the threats. You could speak to the Citizens Advice Bureau about that, or if you have written evidence of the threats, you could go to the police as this could be a criminal matter.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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