9 replies to this topic

[diablo]

I'm launching my first eCommerce site in a few weeks, but I wanted to cover all my bases legally first.

I know it is not legal to use a manufacture's images to sell your product, but is there any way to get their permission(These are all going to be electronics companies...Sony, Panasonic, et al)? If not, how legal is it to "alter" the image so that it doesn't look like theirs?

Maybe I'm way off here, but those are the only two ways I can imagine to get those images. Taking them myself is out of the question because everything will be drop-shipped from a warehouse. Also, it's like 12,000 products. It would take years for me to do that!

Any help or guidance on this matter would be greatly appreciated. Thanks!

[ecartz]

diablo, on Mar 29 2004, 03:37 PM, said:

is there any way to get their permission

Ask them. Seriously, try asking them if you can use their images. They should all have contact info on their web sites. You can also ask the drop shipper if they have any pictures that you can use.

Hth,
Matt

[peterr]

Hi,

With a new osC site, and many manufacturers like Sanyo,etc,etc, I'm faced with the same dilema. I agree with Matt, and think a direct approach to the manufacturer is the best way. That way, if they say 'yes', you have their approval, even if it is an email.

On another (webmasters) forum, in regards to legal issues with images, this was my 'perception' of the issues.

1. You cannot copy any images from any website without the owners permission

2. Hotlinking is frowned upon.

3. You can actually 'replicate' an image, but not make the replication by copying an image that belongs to someone else (copying, and then modifying). For example, if one of the manufacturers can't give us permission to copy their 'logo' and use it on our website, it is actually okay to make/create a logo ourselves, even if the logo is identical to the manufacturers logo.

But you would need to be careful there are no 'patents' within the logo. In that case, your creation/replication would need to exclude _that_ part.

Disclaimer: All the above is only my understanding of these issues and not necessarily correct; I'm no legal expert, and can only make assumptions.

Peter

[diablo]

Thanks for the responses folks. I believe I am going to try the direct approach.

However, when I do ask and someone blatantly tells me, "No, you may not use a picture of this product." That leaves me in a precarious position. At that point, I would have to go to Best Buy or something (Is that legal?) and take a picture of the stuff.

[peterr]

Hi.

Quote

However, when I do ask and someone blatantly tells me, "No, you may not use a picture of this product."  That leaves me in a precarious position. At that point, I would have to go to Best Buy or something (Is that legal?) and take a picture of the stuff.

I'm no lawyer, but I have always understood that taking your own picture of anything is okay. It may mean a lot of work and a good digital camera; lighting is very important We had black amplifiers, which won't show up the slide controls and meters,etc, unless you bring in some light colour/s to contrast it. So, be prepared to do some image editing as well, if necessary.

Just to cover the "No, you can't replies", you may want to word your email to them, to indicate their approval of you taking your own photo and placing it on a website.

Peter

[detsouvalas]

On the other side, its their products you are going to sell, why would they say no??

Antonios

[herrgray]

Hi,

I asked the distributer for permission to use the logos and box art from the products I was selling. No problems, a quick e-mail and I had permission

Herr Gray

[Mibble]

when someone tells me no i can not use their images, then i state thanks, however i will not sell your products and then state clearly on the site why i do not sell a particular brand of product. i also let the company know that.

[peterr]

Hi John,

Quote

when someone tells me no i can not use their images, then i state thanks, however i will not sell your products and then state clearly on the site why i do not sell a particular brand of product.  i also let the company know that.

Very good point you have made. I "struggle" with trying to get clients to ask permission from manufacturers, for us to use the manufacturers images. We are 'promoting' both the product and the manufacturer on the website, so it beats me why either manufacturers or clients won't co-operate with 'webmasters' on these issues.

Peter

[cdi-buy.com]

I was gonna say what Mibble said if no one else did.

Just don't help a company out if they won't help you out. It's the whole "I'll scratch your back if you scratch mine" reasoning. I may be a multi billion dollar corporation one day and if they ignored me when I was small, they'll deserve to eat their refusal to let me simply use a few pictures.