Is posting pictures of product from other websites copyright violation? (California)

[TruthFire]

I am starting a drop shipping webstore, which means that I will be selling thousands of items, but will never see any of them in person. This means that I cannot take a photo of the items myself. I want to use photos from the websites that I am buying them from, but I am worried about intellectual property lawsuits. Let me post an example of what I plan to be doing:

I see a product on a website that I would like to sell. I take the photo of that product, and post it on my own website at a higher cost. A customer sees it, wants it, buys it. I buy from the original website and have it shipped to the customer. Will I have broken copyright laws by using those photos?

As a final note, many wholesalers actually provide retailers such as myself with photos of the product to integrate into their websites. But here's the catch: not all of my suppliers will be wholesalers. Some will be artisans and other retailers...

 

[FlyingRon]

You must have permission of the owner of the photograph. It that is the company who you're using as a drop shipper, then you must get permission from them. If it belongs to the manufacturer, you must get it from them. If they don't tell you that you can use the photos as a matter of course, you need to ask.

 

[quincy]

I am starting a drop shipping webstore, which means that I will be selling thousands of items, but will never see any of them in person. This means that I cannot take a photo of the items myself. I want to use photos from the websites that I am buying them from, but I am worried about intellectual property lawsuits. Let me post an example of what I plan to be doing:

I see a product on a website that I would like to sell. I take the photo of that product, and post it on my own website at a higher cost. A customer sees it, wants it, buys it. I buy from the original website and have it shipped to the customer. Will I have broken copyright laws by using those photos?

As a final note, many wholesalers actually provide retailers such as myself with photos of the product to integrate into their websites. But here's the catch: not all of my suppliers will be wholesalers. Some will be artisans and other retailers...

I agree with FlyingRon that you will want to acquire permission from the copyright holders to use photos that have the creativity and originality necessary for the image to be protected by copyrights. Some "generic" photos may not qualify for this protection.

I have some concerns for your business if you are not the original seller of the goods and will never be seeing the goods you will be reselling from your website. You can be held liable if the goods sold to your customers do not reflect the images presented on your site (are not the same quality or condition promised). Once you purchase the items from the other websites, you become responsible for items that are resold (although you could have recourse against the original seller for defective goods).

I am also trying to figure out how a customer benefits from your operation. If an original website offers their item at a lower cost, why would a customer purchase the same item from you at a higher cost?

Perhaps I do not have enough caffeine coursing through my body yet to understand your business ... so I will suggest you have an attorney local to you review your business plan and help advise you. Good luck.

 

[Zigner]

I am also trying to figure out how a customer benefits from your operation. If an original website offers their item at a lower cost, why would a customer purchase the same item from you at a higher cost?

I believe our OP is planning to use the tried and true "There's a sucker born every minute" business model.

 

[quincy]

I believe our OP is planning to use the tried and true "There's a sucker born every minute" business model.

Haha. That is a possibility I had not considered.