Pictures on a blackberry app ?!

Advice for those new to the concepts of copyright
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Pictures on a blackberry app ?!

Post by willsach »

Making a website, can i put pictures of sports goods from the internet on and not breach copyright?
It will be a blackberry app I may charge for as well

Any answers or pointers in the right direction would be appriciated
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Post by AndyJ »

Hi willsach,
Yes, generally speaking using other people's images is likely to infringe their copyright, especially if you want to use images of specific sports items, say like Nike trainers. You don't mention what your site is about but if you are selling the goods that appear in the pictures then you should approach your suppliers for permission as this is for advertising purposes.
However if you just need images of general sports themes there should be plenty of Creative Commons* images which you can generally use for free, or if you can't find what you need there, try some of the micro-stock photo agencies which will sell you the rights to use their images fairly cheaply (ie for pennies rather than pounds). The type of deal you want is called Royalty Free or RF, which means you pay a one-off flat rate payment rather than a rate based on how many times the image will be used.
Try googling 'microstock sports' for some agencies.

*You can use Google's image search facility to find Creative Commons images.

Will, I've just seen your pm which has additional information about what you want to do.
Generally speaking if you want to do a review about a piece of sports clothing or equipment, that would not qualify under the exemption rules for fair dealing for the purposes of criticism or review, because the criticism etc should be of a copyright thing, not the item portrayed in the image, such as a tennis racket which is not protected by copyright. This rule is mainly there to allow for the criticism of literature or paintings etc. The only time the article portrayed becomes relevant to the review is for things like sculpture or architecture which are themselves subject to copyright, or the cover of a book which is being subjected to review - the whole of a book being covered by copyright - or at a stretch the cover of an music album.
The other fair dealing exemption which might have been useful - for the purpose of reporting current events - unfortunately does not include the use of photographs.
If you cannot find a creative commons or microstock image for the item you wish to feature, try asking permission from the manufacturer to use one of their advertising images to illustrate your piece.
On your second point about quoting from other works in a historical or background article, so long as you only use short extracts and clearly show that you are quoting someone else's work by stating the source of the quote then you should be covered under the fair dealing rules.
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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