Copyright law?

mastercaster

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I am thinking of adding tackle reviews to my blog and i need to know if using a photo of the tackle item in the review is allowed under the fair use law of copyright? Or do i have to obtain permission fom companies like shimano and daiwa direct? i know this is a bit of an unusual thread here but any help from people in the know would be appreciated./forum/smilies/smile_smiley.gif
 
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Wolfman Woody

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No straightforward answer to this. What is the Blog site and what are their terms and conditions, also how do you encapsulate a picture in your blog (I do hate that word!)

For example
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This image is just a link to their site, it can't be used by Fishingmagic unless they get permission so no-one has taken any rights off the owner. Therefore, I don't see any problem with that, but that's how Fishingmagic can handle it in their posts.

If the only way you can get a photo on to your blog site is to copy the photo and then post it into their gallery under you name, their might be a problem. Especially so if the site owners claim they have fuill use of any photographs submitted.

Saying that, most tackle manufacturers don't mind people using their pictures of tackle providing the review is positive and you spell their name right - and give them the credit for the photo.

However, don't take my word as gospel or you might find yourself in hot water.
 

Geoff Maynard

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Is it your photo? Did you take it? If so, then, as I understand it, the image is yours to use. If it's their image (i.e. from an advert etc) then you need their permission to use it.
 

mastercaster

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i am thinking more of using photo's of the tackle items themselves preferably from the company's catalouges as these are the most professional. i could take some photo's myself but i am really looking to use their own advertising shots. if i was to use the photo and includeit in thereview and add a direct link to their site at the end would this be ok? Anyone in the business here who can put me right? i would be very grateful as i find the law here a bit of a grey area. /forum/smilies/i_dont_know_smiley.gifThanks all
 

Geoff Maynard

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They have intellectual property rights on their own images. You can't legally use them without their permission. Many do of course and have no problem - but legally you would be on rocky ground.
 
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MarkTheSpark

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Geoff's right. The copyright could belong to the tackle firm or may reside with the photographer. In practical terms, the tackle firm is only likely to get annoyed if you're using their picture in a review slagging off their gear; as you don't make profit from your blog, the most likely thing to happen is you will be told to take the picture down. If you were making a profit, the firm might be persuaded to sue you.

Where the original picture resides (see first post) is a white elephant. You could link to a firm's page without a problem but embedding the picture in your blog is the equivalent of republishing it.
 
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John H Member of THE C.S.G.. & The A.T.

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A slightly different situation, but I asked and was given permission to copy reviews from Carp Talk Xtra and the CAT site and post on the CSG web site.

Mind, I do have some rather embarrassing photographs ofcertain magazine co-editorand the Group Chairman /forum/smilies/wink_smiley.gif
 
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