[MichaelColey]

Most book covers, CD covers, DVD covers, magazine covers, and art are copyrighted. Merchants use these images every day on their sites and allow their affiliates to use these images. But is it legal for us to do so?

I got an email from the copyright holder of an item I'm promoting, requesting that I remove their cover image with 7 days. I can do that, or I can take their product down totally (somewhat spiteful), or I can swap it out with a competiting product (even more spiteful).

From everything I've read, this type of use of a cover image qualifies under the "Fair Use" provisions of U.S. copyright law.

I'll probably consult with my lawyer sometime within the next week (or take the cover image down), but I'd like to hear if any of you have already gone through something similar.

[newaff]

I got an email from the copyright holder of an item I'm promoting, requesting that I remove their cover image with 7 days.
Assuming that the copyright holder is someone other than the merchant, even though prima facie, it should appear to be of fair use, but I think, if we go deep into the legal wordings, the law would side with the copyright holder and they can still claim that your use of the images doesn't fall under "fair use".

Disclaimer: Just my personal opinion :)

[Heidi]

I've come across this a few times and have generally just chosen to remove the product from my site. If its a product that sells well for me, I replace it with competitors if there is one available. I also notify the merchant who is selling the item and let them know of the demands I received.

[Rexanne]

It seems a little stupid if you are selling said product. Bookstores regularly display images of books they're selling or the actual book itself in publications and their windows. Is THAT copyright infringement? I'd say not. What is the difference if we're selling the book (or product) on our pages? We sometimes need an image to go with a product. Duh - should we use another image? I'd guess that would be worse for the copyright holder.

I would ask said copyright holder what the big deal is and if they are opposed to me (or any other publisher) using the NAME of said product, too. Doesn't make sense if you are selling the product legitimately.

I use book cover images for certain books I promote all the time. Haven't yet been asked to remove any of them. I'm very interested to know the end result of this discussion.

[DesignerWiz]

I have seen some copyright holders use this tactic in order to lead to the response of "remove the competitor ads if you want to use my copyright images" goal. This type of tactic is a high risk move if you ask me ... but I can see how it can be effective if tactfully done .... if I look at it from that angle. If the copyright material is being used to market their product correctly ... what's the big deal I ask.

[inflatemouse]

It is Fair Use to use copywrited images to sell said product. Legally Affiliates are not "selling" the item they are referring visitors to a merchant. Affiliates use the images in good faith that they are in fact participating in the sale.

I can't really think of a precedent that classifies Affiliates as sellers. Most copywrite holders don't have anything to gain by restricting the use, but have the right to do so. :violin:

[Donuts]

The owner may have conveyed use rights to a network, who conveyed them to you and the owner might not be aware of it and just sees your site out there... has happened to me... twice.

[Rhia7]

Michael,

An interesting article often cited is Thumbnails, Fair Use and Hyperlinks: The Ninth Circuit Breaks New Ground in Kelly v. Arriba Soft
http://tinyurl.com/mqaqc

That focuses upon the famous "Ditto.com case." The gist of that was small thumbnails of a lower resolution do not clash with the profitability of the original graphics.

Your case, however, reminds me of
Sony Computer Entertainment America, Inc. v. Bleem, 214 F.3d 1022 (9th Cir. 2000). http://tinyurl.com/mvqb6

You might be interested in looking at Copyright and Licensing Digital Materials - A Resource Guide (http://www.llrx.com/features/digitalmaterials.htm)

[Trying to Win]

The owner may have conveyed use rights to a network, who conveyed them to you and the owner might not be aware of it and just sees your site out there... has happened to me... twice.

I think that this is probably the case; However I would send them an email containing a link to a page with the competing product, after there’s was removed, and ask them if that is what they were looking for.

[Xion]

Just had a question for the forum on the copyright issue. Is it ok to use an image from the merchant you are promoting on your site? It is not a product image but more of a spash image that merchants often have for main categories.

[Rhia7]

Just had a question for the forum on the copyright issue. Is it ok to use an image from the merchant you are promoting on your site? It is not a product image but more of a spash image that merchants often have for main categories.

An affiliate can use a product image (a pre-determined product image already has clearance), but express permission is NOT implied for the use of a "splash image" or any other image the copyright holder might want to use exclusively. You would need to obtain express permission from the copyright holder.

[chetf]

I have removed the product. Put up a page explaining why and offer other products from more tech savvy companies. Play it to the tech crowd, and especially when it happens because you outrank them in google for their own product, and watch the publicity and free links come pouring in.

I love these threats. Every single C&D i have ever been serverd (okay almost all, a few have been private) has resulted in an increase in traffic and sales.

Haven't gotten any lately, so they may have passed their peak in raising interest but it worked in the past. One of the first ones got me some paper and web press.

Favorite C&D is from coke threatening me for running coke ads that they were paying me to run.

Chet

[Xion]

An affiliate can use a product image (a pre-determined product image already has clearance), but express permission is NOT implied for the use of a "splash image" or any other image the copyright holder might want to use exclusively. You would need to obtain express permission from the copyright holder.

Thanks for the clarification. I used a couple of splash images to spurce up my website - I will remove them now.