copyright/internet question.

[hakmazter]

I want to offer free shipping off my website and I did a google search and found a picture of a girl dressed as a UPS driver. I cropped it so it was appropriate and then added some words and changed the box. The picture was posted on a french import car website in a forum along with some others.

My question is...who can sue me if I use it?

1.) the girl has to be a model, but I do not know who she is or where she is from...

2.) the photographer doesn't have any identification on the picture.

3.) we use UPS exclusively and there is a UPS logo that is built in the site as it was included in the shopping cart program, so I don't really see them having a problem.

 

[presutin]

If you aren't giving credit to the photographer - say:author unkown. If you are authorized to use the UPS logo on your website, then you should not have a problem. Good luck with your business.

 

[soccersoul]

Derivative Works

Actually, there is a problem with this. The photographer, the model and/or their employer, assuming they had the funds and inclination, could sue. More likely, they will find out who hosts your website and send a DMCA takedown notice. Taking someone else's picture and cropping it is a derivative work. The copyright holder, probably the photographer or his employer, has the right to control duplication, distribution and derivative works. There is a fair use argument which is never certain but if I had to pick a case as winnable from the photographer's point of view, I might write a fact pattern pretty close to yours. I monitor the internet as a part of my living and I issue takedown notices daily for derivative works like those you described.

Using UPS's logo is possibly OK if you are sure that noone is confused as to you being affiliated with UPS other than using their service.

Of course, all of the above is IF the rights owner becomes aware of it. You really can drive down the highway at 100mph and you might not get a ticket if you don't get caught. Depends if the rights owner is paying attention or paying someone to.

 

[Michael Wechsler]

Agreed. Just on the surface the picture is obviously copyrighted by someone and you'd need appropriate rights to use it.

 

[presutin]

So, let me play devil's advocate for a second. Let's just say that the picture being used is from someone that so happens to be at the beach and I happen to be there and take the picture because I think she is a model. I then publish the picture on the web in a personal webpage or upload it on some random website without claiming ownership to it or copyright it (and believe you me, there are so many like that...) How is it that I am using a derivative work? Just food for thought...

 

[Michael Wechsler]

in his example it's about taking a part of someone else's picture and that is creating a derivative work. With regard to fair use, it has no application here because the use is purely commercial and doesn't fall within the "exception" in any way I can see but glad to hear a thought as to how.

 

[patti44556]

I see a member of your forum (Jacksgal) using the picture of Captain Jack Sparrow from The Pirates of the Caribbean movie as her avatar. Shouldn't she have permission to use the picture? Or this just falls into the exception? If in fact the member is using derivative work, then she should take down the picture. Obviously she is not a lawyer otherwise she would know better...