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Can I legally use copyright-protected images on my online e-commerce website without risking legal action or lawsuits from the image rights holders?
In the United States, copyright law protects original works, including images, from the moment they are created, not from the moment they are registered.
Copyright infringement can lead to penalties of up to $150,000 per infringement, plus legal fees.
The concept of "fair use" allows limited use of copyrighted work without permission in certain cases, but the definition is vague and open to interpretation.
Public Domain Images are free to use without any copyright restrictions, either because the copyright has expired or the work never had a copyright in the first place.
Flickr's Public Domain Group offers over 100,000 public domain images that can be used for free.
Some websites, like Unsplash, Pexels, and Pixabay, offer free images that can be used without copyright restrictions.
To avoid copyright infringement, it's essential to verify that the image's creator has the rights to permit its use.
According to the DMCA (Digital Millennium Copyright Act), website owners can be liable for copyright infringement committed by users, making it crucial to have a takedown policy.
In severe cases, copyright infringement can lead to criminal charges and even jail time.
The "First Sale Doctrine" states that once a copyrighted work is sold, the purchaser can resell or dispose of the work without permission from the copyright holder.
Some stock photo websites, like Getty Images, use image recognition technology to track and identify unauthorized use of their images.
The "Orphan Works" problem arises when the copyright owner is unknown or uncontactable, making it difficult to obtain permission for use.
The "Fair Use Doctrine" allows limited use of copyrighted work without permission for purposes like criticism, commentary, news reporting, teaching, scholarship, or research.
Over 500,000 images are uploaded to Instagram every minute, increasing the risk of copyright infringement.
The European Union's "Right to Quote" directive allows quotation of copyrighted works for purposes like criticism, review, or parody, as long as it's "appropriate" and "not prejudicial to the author's honour or reputation".
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