Legal Question of Photo Ownership

[megacab]

I have a new business venture idea i am kicking around. it will allow people to upload a photo to create an item for their use. it will be a picture of an animal for use on say like a custom shirt. how do i draft up something that legally protects my azz if they just take a photo off the internet that doesn't belong to them to use in this product? do i need to protect myself from this or am i overthinking it?

 

[Gino]

Make the photo on your site.... UN-usable and put a watermark through it. Let them download from a secured section, once they have your full approval to do so.

 

[rushworks graphics]

if i read it correct your asking what you can do to protect yourself from someone SENDING or UPLOADING an image off google or wherever correct?

 

[Locals Find!]

Easiest way to probably do this would be to work an agreement out with a stock photo provider. Only let them use images legally obtained through the provider.

Then you know your a$$ is covered. I am sure many of the stock photo providers already have (or can easily put) systems into place just for your scenario.

Just my uneducated, non legal, opinion.

 

[megacab]

if i read it correct your asking what you can do to protect yourself from someone SENDING or UPLOADING an image off google or wherever correct?

correct. i do not want someone to just upload a random photo off google and then later down the line someone recognizes it and comes after me for making this particular product. will a simple electronic waiver be enough?

 

[rushworks graphics]

hmmm...you've got me on that one. if its all automated, kinda upload pic here and we will print with x amount of days....not sure how you will be able to enforce anything. you will never really know if its an image pulled off google or whatever or an image from a family album.

i'm sure someone will be able to give some workaround though.

 

[Circleville Signs]

Doesn't CafePress.com already exist? (j/k)

If you are allowing users to upload without you checking content or providing it, then just read the TOS of any of the plethora of sites that do this kind of thing already and see how they CYA...

 

[megacab]

Doesn't CafePress.com already exist? (j/k)

If you are allowing users to upload without you checking content or providing it, then just read the TOS of any of the plethora of sites that do this kind of thing already and see how they CYA...

cool. i will research it that way. this is a very tight knit community that i am going to be marketing to. i just know if i don't CYA i will end up getting my hand slapped down the line. thanks guys.

 

[thewvsignguy]

We use a simple click "yes" to accept or "no" to decline our copyright and terms of usage. Most are customer images and we do not do anything from professional photographers. We collect the customers info so if they lie or something goes haywire we know where to send the legal department.