How not to violate copyright when you are using images?

The full question sounds like this: “I run a blog dedicated to contemporary art (illustration, photography). I plan in the future to earn income from your blog. Due to the fact that in my case you must use pictures, I’m interested in the following question: how not to violate copyright when using images? Can I placing a photo or picture simply specify the source and author?”

Specify the source and author is not enough. So You only respect the author’s moral rights, particularly the right to a name. At the same time the author (or other owner) also owns the exclusive right in the work, which is a property. The powers of the owner of exclusive rights include, inter alia, the right to authorize or prohibit the use of his works, as well as the right to remuneration.

The battle for opinion leaders: bloggers have become more favorable to any advertising. The use of a protected work without consent of the owner (free of charge) is permitted, or in cases expressly stipulated by law, or by the will of the copyright holder.

Thus, the use of works on the commercial pages of the blog, you will need to obtain the consent of the rights holder (author or person whom the author has transferred his exclusive right in the work) for such use. Optimally between the blog owner (the person using) and the copyright holder (author, publisher, or those who transferred) must be written license agreement. Other forms of consent such as verbal agreement, are risky, although not directly excluded.

The amount of compensation for copyright infringement is a special norm of the civil code, according to which the right holder is entitled to demand recovery:

  • compensation in the amount determined at the discretion of the court depending on circumstances of use (including the number of images, intensity of use, etc.)
  • the estimated compensation to twice the amount of misused instances of the work or double the price for the right to use this work.

In practice, most used option, compensation shall be collected either for each separate violation, or for all the offense as a whole based on the circumstances of the case, including the nature of the violation, taking into account the requirements of reasonableness and fairness.

To really evaluate a hypothetical case is difficult. We can assume that in the event of unauthorized use of photographic works with blogger can be recovered compensation.

Leave a Reply

Your email address will not be published. Required fields are marked *