Is it legal/ethical ...

to download a pic from somebody's web-site and use it as a wallpaper.
As long as you are not claiming it to be your picture or as long as you are not using it for commercial purpose, it is ethical.
I do not know about legal aspect
How would you feel if somebody had your pic on their desktop ?
I am an amature photographer. If some one uses my picture as wallpaper, I will be proud of my picture.
Pros my feel it in a different way.

Bakul Vyas
 
Or, you could skip all the concern, and go to a web site where people intentionally post wallpaper for sharing.

My favorite is http://www.caedes.net - I have a few posted there, and a several dozen that I've downloaded for my wallpaper and screensaver.

Enjoy!
 
As long as what your doing with the photo is covered by Fair Use then you don't really need to ask. If you want to do so, thats fine. The trick is to understand what exactly fair use is.

According to Albany University fair use is:
Fair Use is a set of four guidelines used to determine if your use of the work will diminish its value and adversely affect the owner of the work's copyright. The four guidelines are:
1. What is the nature of the use?
2. What is the nature of the work to be used?
3. How much of the work will be used?
4. What effect would the intended use have on the market value of the work?
You can read the full article at http://resnet.albany.edu/rules/copyrightshort.htm

The webpage goes into more detail on each one of those questions.

--

Disclaimer: the above is the author's personal opinion and is not the opinion or policy of his employer or of the little green men that have been following him all day.
 
In your own response you said to yourself I
don't mind.... But thats the problem you didn't took the photo's.
Hi Walter!

When I said I didnt mind I meant I would'nt mind if someone else downloaded my pics and put them as a wallpaper (Had I got any pics good enough to download that is). I was not saying that I dont mind downloading your photos from the net.
Else I would not have started this thread
 
In my opinion, if it's put on the internet, it's fair game for
whatever you want to do with it. So long as you give credit where
credit is due and don't claim it to be your own work.

As for printing it, making copies, etc., anyone who posts a picture
on the internet and expects this not to happen is an idiot. The
whole idea of the internet is the free exchange of information. If
you don't want other people printing your picture, giving it to
other people, using it for their own use, etc., don't put it on the
internet.
You're wrong, that would be illegal. I know for a fact that is not true. Also, the whole idea of the internet is not free exchange of information. It used to be, but not anymore. Also, all images unless otherwise posted by the author are copyright protected even without a copyright notice.

Not sure why you are giving out inaccurate information, I would hope that people on the internet would try to exchange correct information so that others aren't missled.

As for someone using an image on their desktop for a screensaver I really don't see anything ethically wrong with it ...unless the place it was taken from was selling their images as screensavers.

Regards,
Mike

--
300D Gallery:
http://tkis.com/mike/

Joy in looking and comprehending is nature's most beautiful gift. -- Albert Einstein

 
Walter,

If it is not legal to download the image then it is not legal to VIEW the
image at ALL.. The simple FACT is that once the image has loaded onto
your machine it is already "downloaded" into your browser cache and
therefore you too have been doing Illegal and Unethical practices.

End Of Story.
Ebbie,

First you asked is it legal? I do not think it is because yout take
something from somebody else. Asking permission will make it legal.
Also when somebody has a copyright statement on his website you
always has to ask first.

Then your second question: Is it ethical? see above First ask not,
sometimes ALLWAYS ask permission.

But then you where asking a third question may I print it????
NOOOOO NEVER without permission, its not your work!!!. Again first
ask permission.

Your first question lets people think nice person somebody does not
know how to handle. In your own response you said to yourself I
don't mind.... But thats the problem you didn't took the photo's.
When you did and you don't mind if other people use them put them
on a page and mention that they can use it....

Thats how I think after seeing my photo's back in books and a lot
of websites :( even with a copyright notice below every page where
I say that using and reproducing without written permission is not
allowed.

regards Walter
--



I am not a Professional but I did stay at Holiday Inn!
Please take a look at my gallery! :)
http://www.westol.com/~brettd/sd10/gallery/
http://www.pbase.com/sigmasd9/brett_dimichele
 
In my opinion, if it's put on the internet, it's fair game for
whatever you want to do with it. So long as you give credit where
credit is due and don't claim it to be your own work.
Shaun, the Internet is not synonymous with Public Domain.

regards.
 
Whatever the legal answer is (that I have no idea about), if everyone agrees that they would be flattered, then the only way to let the photographer know is to ask. I suspect not enough people extend this courtesy.
 
Hello ebbie,

That way I readed it ;-) ad thats why I responded when you are thinking this way say it on your webpage, so its clear for your visitors.

regards Walter
 
Because it takes time and often no answer is sent back. The answer given before is correct. When viewed online it has already been DOWNLOADED, the rest is just talk.

Why don't you post a very small res image on your website if you are so concerned? It will be large enough for the buyer to get perspective but noone would be able to print it in any decent quality and size.

--
Yiannis

Canon Magnifier S
EF-S 18-55mm f/3.5-5.6
EF 50mm f/1.4

Dignity consists not in possessing honors, but in the consciousness that we deserve them. Aristotle
 
Hello Brett,

Thats not the queston the question was can I download it and use it for a wall paper.

Let I say it in another way..

You let your front door open from your hous. Is this saying that you invite everybody into your house? The door was open isn't it? And you can walk through an open door :)

The way you are explaning about downloading is not correct. This is the way your operating system works. When somebody is saying on his page you can look but not use it without permission you may only look at it and not use it.

Your way of explaning is saying, I bought a piece of software and that software is downloading all stuff from the internet to a map which is called browser cache. This map is hidden and people without computer knowledge will have difficulties to find this map.

But when you find it you will not find the file orginal named test.jpg because it is there crippeled and you must do more to find it.
End Of Story.
Is it? I think different as I said immediatly about it, that it was my opnion and I hope I can without forced to think the same way you think.

I guess I am lucky to live in an country where everybody have free speech and thinking. And before this discussion is going the wrong way, yes we also have laws and we have to live with them. Also where you live there are laws. better read them before you use without permission somebody's material.

regards Walter
 
I'm not trying to judge the legal aspect (I'm not a lawyer) or ethical (Everyone has to live by their own ethics, not mine). Personally, I do not condider a temporary cache the same as downloading and displaying an image (screensavers are not always private - any office I have worked at had many screensavers on full view at any given time). I am also not trying to preach at anyone - like I said that is an individual choice. If my pictures were good enough to worry about, I probably would limit the resolution. Again - I'm not saying what is right for you - just answering the original post with my opinion.
Because it takes time and often no answer is sent back. The answer
given before is correct. When viewed online it has already been
DOWNLOADED, the rest is just talk.

Why don't you post a very small res image on your website if you
are so concerned? It will be large enough for the buyer to get
perspective but noone would be able to print it in any decent
quality and size.

--
Yiannis

Canon Magnifier S
EF-S 18-55mm f/3.5-5.6
EF 50mm f/1.4

Dignity consists not in possessing honors, but in the consciousness
that we deserve them. Aristotle
 
discuws,

Have you heard of a feature in Windows called "Active Desktop"? It lets you put a webpage, or even just a single image off of the web, on your desktop. This is possible because your Windows shell (including desktop) is actually just part of Internet Explorer. So by putting someone's image on your desktop using Active Desktop, which is just like visiting their website "automatically" when you turn on/login to your computer, what would you say about that?

-Rob
Thats not the queston the question was can I download it and use it
for a wall paper.

Let I say it in another way..
You let your front door open from your hous. Is this saying that
you invite everybody into your house? The door was open isn't it?
And you can walk through an open door :)

The way you are explaning about downloading is not correct. This is
the way your operating system works. When somebody is saying on his
page you can look but not use it without permission you may only
look at it and not use it.

Your way of explaning is saying, I bought a piece of software and
that software is downloading all stuff from the internet to a map
which is called browser cache. This map is hidden and people
without computer knowledge will have difficulties to find this map.

But when you find it you will not find the file orginal named
test.jpg because it is there crippeled and you must do more to find
it.
End Of Story.
Is it? I think different as I said immediatly about it, that it
was my opnion and I hope I can without forced to think the same way
you think.

I guess I am lucky to live in an country where everybody have free
speech and thinking. And before this discussion is going the wrong
way, yes we also have laws and we have to live with them. Also
where you live there are laws. better read them before you use
without permission somebody's material.

regards Walter
--
http://www.pinciuc.com/photos/
It has just been discovered that research causes cancer in rats.
 
I don't think the issue is how hard it is to do (it really is not hard), but the fact that you have to do something to copy the file. The cache in Explorer is temporary, the files get deleted after a period of time. The fact that there is a photocopier in a library does not make copying books legal.
Have you heard of a feature in Windows called "Active Desktop"? It
lets you put a webpage, or even just a single image off of the web,
on your desktop. This is possible because your Windows shell
(including desktop) is actually just part of Internet Explorer. So
by putting someone's image on your desktop using Active Desktop,
which is just like visiting their website "automatically" when you
turn on/login to your computer, what would you say about that?

-Rob
Thats not the queston the question was can I download it and use it
for a wall paper.

Let I say it in another way..
You let your front door open from your hous. Is this saying that
you invite everybody into your house? The door was open isn't it?
And you can walk through an open door :)

The way you are explaning about downloading is not correct. This is
the way your operating system works. When somebody is saying on his
page you can look but not use it without permission you may only
look at it and not use it.

Your way of explaning is saying, I bought a piece of software and
that software is downloading all stuff from the internet to a map
which is called browser cache. This map is hidden and people
without computer knowledge will have difficulties to find this map.

But when you find it you will not find the file orginal named
test.jpg because it is there crippeled and you must do more to find
it.
End Of Story.
Is it? I think different as I said immediatly about it, that it
was my opnion and I hope I can without forced to think the same way
you think.

I guess I am lucky to live in an country where everybody have free
speech and thinking. And before this discussion is going the wrong
way, yes we also have laws and we have to live with them. Also
where you live there are laws. better read them before you use
without permission somebody's material.

regards Walter
--
http://www.pinciuc.com/photos/
It has just been discovered that research causes cancer in rats.
 
Just send an email to the photographer saying "Wow I love photo X.
Do you mind if I use it as my wallpaper?" 9 times out of 10
they'll be flattered.
That's the easiest solution to all of this: get permission from the author/rights holder.
 
what if i post the picture ( that is uploaded in my site) in this forum to ask how its done? will it be legal?
-Jeremy
to download a pic from somebody's web-site and use it as a wallpaper.
--
fish pics at http://fish.mirrorz.com

300D owners: please help propogate these links on your sig

300D tips and russian hack at
http://www.bahneman.com/liem/photos/tricks/digital-rebel-tricks.html

300D FAQ at http://www.marius.org/fom-serve/cache/3.html
--
PORTFOLIO SITE: http://kaizenbiz.com/jush ***
 
just posting the link to the original picture to avoid having to do this? would satisfy your specified need without the ethical dilemma. ;-)

icmp
-Jeremy
to download a pic from somebody's web-site and use it as a wallpaper.
--
fish pics at http://fish.mirrorz.com

300D owners: please help propogate these links on your sig

300D tips and russian hack at
http://www.bahneman.com/liem/photos/tricks/digital-rebel-tricks.html

300D FAQ at http://www.marius.org/fom-serve/cache/3.html
--
PORTFOLIO SITE: http://kaizenbiz.com/jush ***
 
Judging by some of the responses from this forum, it would appear that simply downloading and saving a picture is illegal...which is NOT illegal to do. Setting such a picture as a PERSONAL wallpaper is absolutely no different; however, further distribution of said photograph could be illegal.
to download a pic from somebody's web-site and use it as a wallpaper.
There are times when a picture impresses you so much that you have
to have it on your desktop. You do not claim that it was taken by
you but you just download it and set it as your background.

I used to do this a lot previously, but after being a member and
following the threads here I now have my doubts. So I just wanted
to know what you think about this.

Asking the same question in a different way
How would you feel if somebody had your pic on their desktop ?

Personally I would'nt mind, but (lol) I dont have pics so
impressive that someone would consider saving as their desktop,
yet. Just learning the art of photography

Cheers!
 
The fact that the library has a photocopier.. and books.. should tell you something.

Yes, it is illegal to make complete copies of copyrighted materials... but,

It is NOT illegal to make photocopies of pages/portions of copyrighted material for personal use. It is well established 'acceptable use' to do just that. Hence, the photocopier.

icmp

photoguynorth wrote:
The fact that there is a photocopier in a library
does not make copying books legal.

Rob P wrote:
 
Fair point - but what I was trying to say is that the 'ability' to copy something easily does not, in itself, affect the 'legality' of copying. I could not copy a book (in entirety, but just for my own use) and claim it was OK just because the copier and book were accessible in the same place. I was responding to a claim that it was easy to use the picture because it was already downloaded, so that made it OK.

As I said in my other post (not the one you replied to) I am making no claims about what is legal, enforcable or ethical - just my opinions, and I don't try to claim correctness.
Yes, it is illegal to make complete copies of copyrighted
materials... but,

It is NOT illegal to make photocopies of pages/portions of
copyrighted material for personal use. It is well established
'acceptable use' to do just that. Hence, the photocopier.

icmp

photoguynorth wrote:
The fact that there is a photocopier in a library
does not make copying books legal.

Rob P wrote:
 

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