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Is it legal for us to include photos of products in a review without permission?

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equi

New member
Hello,

I've been given a blog article to upload to our website. We are ski holidays website and the article is about top ski gadgets. The reviews of each product are non-biased and include a link to where you can buy the product. Is it legal for us to do this and include a photo of the products? Some of the products are from big name brands and we are a bit worried in case they come back and say we don't have permission to use their photos and may think we are promoting their products to promote our own holidays?

Thanks in advance
 


FlyingRon

Senior Member
If you use photos that someone else took without permission, it's called copyright infringement and you very much could get in trouble with the person who owns the rights (who may not be the company whose product is depicted). You very much can get sued. You also can find that they'll file a DMCA complaint on your site and have the photos removed by the site provider.

If you took the photos (or you have the permission of the copyright owner of the photos), then the fact that it depicts a product and possibly the producer's trademarks, likely falls within fair use.
 

equi

New member
If you use photos that someone else took without permission, it's called copyright infringement and you very much could get in trouble with the person who owns the rights (who may not be the company whose product is depicted). You very much can get sued. You also can find that they'll file a DMCA complaint on your site and have the photos removed by the site provider.

If you took the photos (or you have the permission of the copyright owner of the photos), then the fact that it depicts a product and possibly the producer's trademarks, likely falls within fair use.
Thanks for the information. Do you knowwhether it's ok for us to embed a YouTube video of the product instead?
 

adjusterjack

Senior Member
Thanks for the information. Do you knowwhether it's ok for us to embed a YouTube video of the product instead?
Interesting question. I've seen many product review on youtube done by the product users, both professional and amateur. I'm sure that there are thousands of such videos. The last one I recall watching was an auto mechanic comparing oil filters. Complimentary on some, not so much on others. There are tons of online reviews about products where reviewers show a picture of the product.

Options:

Get consent or do it and take your chances or consult an attorney.
 

quincy

Senior Member
No, in the UK
The laws in the U.K. on copyrights and trademarks vary from the laws in the U.S. and FreeAdvice handles U.S. law questions.

In the U.S., the Copyright Act has a "fair use" exception to the use of another's copyrighted material. Uses that can fall under the fair use umbrella include some uses of copyrighted material for news reporting, research, teaching, commentary and criticism. A blog describing various ski products available on the market (whether the article was a flattering one or not) would generally be a fair use of trademarks. If you took your own photos of the products, or received permission from the photographers to use their photos of the products, that also generally would be considered a fair use. Links to YouTube videos about the products can, too, be a fair use (if the video has legal content).

Fair use in the U.S. is, however, not on its own PERMISSION to use copyrighted material or trademarks. It is a DEFENSE in a legal action to the use of copyrighted material or trademarks. If a rights-holder objects to your content and sues, fair use would be your defense.

The U.K. has a defense to infringement similar to the U.S. fair use defense, called "fair dealing." Although what you are proposing for your blog appears to avoid illegal infringement under U.S. laws (if photo permission is acquired), you will want to discuss your plans with a U.K. professional.

Here is a link to information on the U.K.'s fair dealing: https://www.nottingham.ac.uk/library/help/copyright/compliant/exceptions.aspx

Good luck.
 
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