Legal Question in Technology Law in Washington
Online software - Image usage question
I am making software that allows users to view or download
pictures from internet. I add the web address which my software gets the pictures from. The software does not steal'' the pics and put them on my servers, it simple links to just the pictures, and not the entire website. You could describe the software as a web browser such as IE, except that it can only view pictures.
Example: There is a Jennifer Lopez fan website with 1,000 pictures on it. And the owner of that website owned the rights to those pics, but they were publicly available on the site for users to view/download. I add this website to my software. The users of my software would then be able to view all 1,000 pictures without actually going to that website. The pictures would still be viewed from their original source but they could now view them without going to that site. Is that legal? Since the pictures are available publicly to anyone on the internet and I am not taking them, but instead my software is just allowing users to view them in a different way.
So my question is, would it be legal to add websites to the pictures on those sites can be viewed through my software, with the the webmasters or picture owners consent?
1 Answer from Attorneys
Re: Online software - Image usage question
Your last question first. It would certainly be legal to do this is you have the website & owners' consent. You need the consent in a reproducible form in case there is any dispute later.
You should also put a visible display of the webiste in the picture image (for example by adding the URL at the picture bottom) so the viewer knows where the picture is coming from and is not confused into thinking this is a picture to which you claim rights.
How will you make money on this? Just selling software, or selling pictures? How will you update things?
If you are properly advised by a good Intellectual Property and Internet Law attorney, you should be able to do this without major legal problems. However, getting the right attorney may be the difference between smooth sailing and a bruising punishing course on this project of yours.
I can help or I can refer you to someone else to help. Don't try this on your own, without proper legal help.
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