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Hi there everybody,
After working for a good half a decade as a web designer, I considered myself lucky that clients have always provided their own photos for display on their websites in the past. That or I have dipped into the stock photography libraries that are so plentiful online (at the client's expense of course).
A recent client, however, said "just grab some photos from Google Images" and left it at that. This left me at somewhat of a loss for what to do. If I use an image on their site that I've just plucked from a Google Image search and the owner of the image chases it up then I'll get in trouble for it. If I try to explain to the client that Google Images isn't really just a huge library of free photos ripe for the taking then I'm sure they'll just laugh it off and tell me to get on with it anyway.
What, my dear friends, would you do in this situation?
SixOfTheClock
A programming language is to a programmer what a fine hat is to one who is fond of fancy garden parties. Just don't try wearing any .NET language on your head. Some of them are sharp.
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Just explain to the client that photos on the internet may be copyright and you cannot just take them and re-publish as your own. If he insists then get him to provide a written indemnity in case you get sued. Don't put yourself in a position where you could be breaking the law just because a client does not understand something.
One of these days I'm going to think of a really clever signature.
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SixOfTheClock wrote: A recent client, however, said "just grab some photos from Google Images" and left it at that. ... What, my dear friends, would you do in this situation? Hi SixOfTheClock,
I would tell the client that there is a possible issue of future legal liability in freely grabbing images from Google image search, since they may be copyrighted.
I would tell the client they have several options:
1. use photos from the sites now on the web that are royalty free, licensed for commercial use, and free to the public. I'd give them a list of such sites, such as: www.publicdomainpictures.net/
2. use photos from site that charge minimum fees for royalty free photos, licensed for commercial use. Give them a list of such sites. perhaps:[^]; DeviantArt ?
3. if the client is willing to pay, ask the client for a budget, and you select the photos to fit the budget from legal sources.
4. tell the client, that they can provide the source pictures, but that they will have to sign a letter taking all responsibility for future copyright, or licensing issues. of course, the client will probably get "cold feet," hearing that !
If none of those options work, and the client just refuses to pay for images of the quality they want, then: I guess you have to ask yourself the questions: how much do I need this work, what are my "ethics" worth to me, and: what may be the future risks to my business and/or reputation ?
Wish I could conceive of a simple answer, for your dilemma.
yrs, Bill
"We live in a world ruled by fictions: mass merchandising, advertising, politics as advertising, instant translation of science, technology, into popular imagery, increasing blur of identity in realms of consumer goods, preempting any free, original, imaginative, response to experience by the television screen. We live in an enormous novel. For a writer it's less necessary to invent a novel's fictional content: fiction's already there. A writer's task is to invent a reality." J. G. Ballard, 1974
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SixOfTheClock wrote: If I try to explain to the client that Google Images isn't really just a huge
library of free photos ripe for the taking then I'm sure they'll just laugh it
off and tell me to get on with it anyway.
Tell them anyway. It may save them some trouble in the future.
Try something like this[^] which allows you to specify images that are useable commercially.
(I haven't had much luck with that, the stuff I needed was usually not free. Depends on what is needed)
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How much would it cost you to pay for stock images yourself?
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Well that's just the thing, in this case all stock images carry non-commercial licenses as well because branded products (complete with manufacturer logos) are visible in the photos. Normally I'd just pay for the stock photo myself as you suggest.
I don't think there's a way round it in this case, I'll just have to let the client know. Thanks though.
A programming language is to a programmer what a fine hat is to one who is fond of fancy garden parties. Just don't try wearing any .NET language on your head. Some of them are sharp.
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I have had this happen recently. I agree with Bill - let them know the implications, but if they want to trawl Google images and supply them to me, all I can do is make sure it's their responsibility. The potential customer to whom I pointed this out went away anyway, and a good thing too. If he doesn't want to pay 7 quid for images from clipart.com he's hardly going to spend a fortune with my company..
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I'd use innapropriate images or stick-figure drawings.
Nah, I just wouldn't be in that situation to begin with.
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As they are trying to put you in a position where you would be potentially breaching copyright, your company could be held liable. If you have a decent contract, you will be able to refuse to do the work.
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Tell them that if they are reported to Google for infringing copyright, they'll be removed from search results and their traffic will go down to nil. The term for the legal notification is a DMCA, despite being a US law they've managed to project it across the world. If you poke around here you'll get more info http://www.chillingeffects.org/index.cgi sorry for the lack of link, i'm on my mobile.
This happened to a site I worked on while I was abroad, when the previous incumbent decided to rip photos from a professional photographer's site to decorate ours. That made for some interesting manageria meetings.
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Link to an image from a site you have developed using legally obtained images.
The day the site is published on t'webs for the first time for testing, immediately send an email to the MD of the company demanding payment for use of the copyrighted image and threatening legal action.
Seriously, just explain to them, preferably in writing, that google images are just links and at you wil not use images illegally. If they want you to source free images only the you will do so, but will need to charge them for your time in sourcing those free images - and so it may be cheaper for them to agree to pay for stock library images or to source their own.
If they are really cheap they will source eir own and you just need to get them to confirm in writing at they are legally entitled to use those images.
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SixOfTheClock wrote: What, my dear friends, would you do in this situation?
Find images that are free of charge for commercial use.
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I would give you some sage advice as have many others here but as it is six of the clock , I'm off for a beer, g'night.
Never underestimate the power of human stupidity
RAH
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