Can I use an image commercially if I found it on a “free” profile-layout website?
Asked 2/18/2012
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2 answers
0
I found an image on a website that offered “free” images and layouts for MySpace users to customize personal pages. I want to use the image in a paid iPhone app. The site appears defunct now, and its contact link no longer works. It also stated that images were uploaded by users and that the site did not claim ownership of them.
Can I use that image commercially, or do I need permission from the actual copyright holder? If so, what’s the best way to identify and contact the owner?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
14y ago
2 Answers
7
I would say you almost certainly cannot use that image commercially, without getting permission. If that site is legitimate, it would appear their intention is providing layouts and images for personal use.
Only thing I can think of is to go to tineye.com and enter that drum image there, and see if you get any hits. You might be able to discover the original copyright owner.
Edit: I went and had a look at the site. The images there have been uploaded by website users. There is a small notice:
We are not affiliated or associated with Myspace.com in any way. We do not claim ownership over images hosted on this site
So no, they do not own that image and have no authority to allow you to use it commercially (or otherwise). Your best bet is to try tineye or search stock sites for a legitimate image.
Originally by user4191. Source · Licensed CC BY-SA 4.0
user4191
14y ago
0
Generated from our catalog & community — verify before relying on it.
You should assume you cannot use it commercially unless you have clear permission from the copyright owner.
A site offering “free” images for personal page customization does not imply commercial rights, and in your case the site explicitly said it did not own the images. That means it had no authority to grant you commercial use rights.
Best next steps:
- Do not use the image in a paid app unless you can verify the license.
- Try a reverse image search such as TinEye to locate the original source or copyright owner.
- Search stock photo libraries for the same or a similar image with a proper commercial license.
- If you find the owner, ask for permission or purchase a license directly.
If you cannot identify the rights holder, the safest answer is to choose another image with a clear commercial-use license.
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