Public Domain Images
Public Domain Images How to stop being an image robbery expert
Disclaimer • I am not an attorney nor do I like attorneys… • Never take my advice on anything. • Seek your own legal counsel. • Read the source material I provide.
Free Images – Public Domain • Intellectual property rights expired or none to begin with • Shakespeare, Beethoven, King James Bible • So many things you buy that are actually public domain • Massive amounts of images you can find in public domain
Government Stuff • Government works are excluded from copyright law. • Pictures taken when working for the US government or any pictures that you can download from a government website are automatically public domain. • Not everything on a .gov website is public domain, some images may be property of a private institution.
What You Can Do • Can be sold, you can buy a Bible on Amazon. • Public domain images are free to use however you want. • “cc0” content • http://creativecommons.org/publicdomain/zero/1.0/ • Use them for facebook , social media, email, logos, graphics. • Can print t-‐shirts and mugs and stuff.
Other Licenses • Creative Commons – Creative Commons require attribution and non-‐ commercial use
Wikimedia
Royalty Free • Image sites provide lawsuit protection for royalty free • Usually cant print on demand services
Truth About Royalty Free • Other users upload images to sell • Royalty Free • Paying for their legal protection
Truth About Image Sites
Truth About Your ‘Protection’ • Expensive • Commercial use usually requires one license per use • If you get sued, do you really think they will want to pay? • In their best interest to find a way you violated the agreement • Maybe pay an attorney $1,000 to find some loophole violation? • Better than paying $10k or $250k
Public Domain Black Book • All public domain sites • Include other sites with mixed copyrights • Includes government directories • Also public domain clip art
How to steal like a Robbery Expert • Google Images search • Taking from other blogs • Buy images from a source who didn’t have original rights • Use themes/plugins that do not have rights to the images
How to Outsource Your Theft • Hire the wrong programmer or designer – Especially bad if you sell the theme – They may have bought a license you can use on your site but NOT to sell derivative work
• Using stolen images on clients sites
What happens to Robbery Experts • Lawsuits • Payment processor closes you down (PayPal) • Your hosting company closes your site • Domain registrar skillfully acquires your domain
How do we stop Robbery Experts? • Most techy stuff doesn’t work – Site still sends the image to the client
• DMCA • Hit them where it hurts
DMCA • Digital Millennium Copyright Act – Dcma.com
• Can help clients do this when their images are stolen • Send it to everyone (and let the site owner know) • Details to follow…
Writing DMCA • I am not an attorney and you should never follow my advice ever. I’m just here to entertain you. • Essentially a business letter or email that must contain 6 things.
6 DMCA Items • (i) To comply with the DMCA, your notice must be in writing and must be signed by the copyright owner or the owner’s agent. You may send the notice via email or by postal mail. If you send it by email, include a digital signature by typing “/s/” and then your name at the end of the notice. Address your notice to the contact person indicated in your ISP lookup.
6 DMCA Items • (ii) Identify that you own the copyright to works being infringed upon. Be sure to list each specific URL that contains your work separately. Attach copies of images (screenshots) or text to assist the ISP in locating your material. Note that you have attached them in the letter.
6 DMCA Items • (iii) State that the website’s use of your content is infringing your copyright. • (iv) Include your contact information. An email address may be sufficient.
6 DMCA Items • (v) Include a statement that you (the “complaining party”) have a “good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” (Taken verbatim from 512(c)(3))
6 DMCA Items • (vi) Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hit em where it hurts… • Any of their affiliate networks • Their payment processors • Their webhosting company • Their domain registrar • Their auto-‐responder companies • Advertising partners • Google adsense
In Summary • Robbery expert – Google images – Not reading license – Hire uninformed developers and designers
More Summary • Smart marketer – Stick to public domain – Buy full copyright – Learn photography / Photoshop
Need More? • Email me at: [email protected] • Buy my stuff: marketingwithreilly.com
Disclaimer • I am not an attorney nor do I like attorneys… • Never take my advice on anything. • Seek your own legal counsel. • Read the source material I provide.
Free Images – Public Domain • Intellectual property rights expired or none to begin with • Shakespeare, Beethoven, King James Bible • So many things you buy that are actually public domain • Massive amounts of images you can find in public domain
Government Stuff • Government works are excluded from copyright law. • Pictures taken when working for the US government or any pictures that you can download from a government website are automatically public domain. • Not everything on a .gov website is public domain, some images may be property of a private institution.
What You Can Do • Can be sold, you can buy a Bible on Amazon. • Public domain images are free to use however you want. • “cc0” content • http://creativecommons.org/publicdomain/zero/1.0/ • Use them for facebook , social media, email, logos, graphics. • Can print t-‐shirts and mugs and stuff.
Other Licenses • Creative Commons – Creative Commons require attribution and non-‐ commercial use
Wikimedia
Royalty Free • Image sites provide lawsuit protection for royalty free • Usually cant print on demand services
Truth About Royalty Free • Other users upload images to sell • Royalty Free • Paying for their legal protection
Truth About Image Sites
Truth About Your ‘Protection’ • Expensive • Commercial use usually requires one license per use • If you get sued, do you really think they will want to pay? • In their best interest to find a way you violated the agreement • Maybe pay an attorney $1,000 to find some loophole violation? • Better than paying $10k or $250k
Public Domain Black Book • All public domain sites • Include other sites with mixed copyrights • Includes government directories • Also public domain clip art
How to steal like a Robbery Expert • Google Images search • Taking from other blogs • Buy images from a source who didn’t have original rights • Use themes/plugins that do not have rights to the images
How to Outsource Your Theft • Hire the wrong programmer or designer – Especially bad if you sell the theme – They may have bought a license you can use on your site but NOT to sell derivative work
• Using stolen images on clients sites
What happens to Robbery Experts • Lawsuits • Payment processor closes you down (PayPal) • Your hosting company closes your site • Domain registrar skillfully acquires your domain
How do we stop Robbery Experts? • Most techy stuff doesn’t work – Site still sends the image to the client
• DMCA • Hit them where it hurts
DMCA • Digital Millennium Copyright Act – Dcma.com
• Can help clients do this when their images are stolen • Send it to everyone (and let the site owner know) • Details to follow…
Writing DMCA • I am not an attorney and you should never follow my advice ever. I’m just here to entertain you. • Essentially a business letter or email that must contain 6 things.
6 DMCA Items • (i) To comply with the DMCA, your notice must be in writing and must be signed by the copyright owner or the owner’s agent. You may send the notice via email or by postal mail. If you send it by email, include a digital signature by typing “/s/” and then your name at the end of the notice. Address your notice to the contact person indicated in your ISP lookup.
6 DMCA Items • (ii) Identify that you own the copyright to works being infringed upon. Be sure to list each specific URL that contains your work separately. Attach copies of images (screenshots) or text to assist the ISP in locating your material. Note that you have attached them in the letter.
6 DMCA Items • (iii) State that the website’s use of your content is infringing your copyright. • (iv) Include your contact information. An email address may be sufficient.
6 DMCA Items • (v) Include a statement that you (the “complaining party”) have a “good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.” (Taken verbatim from 512(c)(3))
6 DMCA Items • (vi) Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hit em where it hurts… • Any of their affiliate networks • Their payment processors • Their webhosting company • Their domain registrar • Their auto-‐responder companies • Advertising partners • Google adsense
In Summary • Robbery expert – Google images – Not reading license – Hire uninformed developers and designers
More Summary • Smart marketer – Stick to public domain – Buy full copyright – Learn photography / Photoshop
Need More? • Email me at: [email protected] • Buy my stuff: marketingwithreilly.com
