Using photos in an app

mcmills

Hi guys,

We'd like to use the api to return thumbnails of aircraft in a flight tracking app we're building. The app is a bit like FlightRadar24 - and uses ADSB feeds to plot aircraft on a map.

When you tap an aircraft we'd like to bring up additional information - including a photo (as retrieved from the api search).

Of course we are happy to credit all photos AND provide a link to their webpage if available.

Is this OK? Is there a charge for this?

I know the standard advice is to ask the Photographer BUT when calling on the api - you're never sure who this will be - so will be difficult.

We will be charging for the app - so I want to be upfront with everybody about how I would look to use the photos - and only follow what is and isn't allowed. But I'm not too clear on the policy for thumbnails accessed by the api.

If anyone has any information on this, could you share it with me.

Thanks ever so much.

DougRobertson

What you are requesting would be a Copyright violation of each and every photo you use UNLESS you received documented PRIOR permission to use each and every requested photo from the specific photographer of such photos.

Read the Warning on this site-the site does not sell photos taken by the photographers in any way. This legal protection is afforded each of this site's photographers. Suggest you read US Code Title 17. A patent attorney could also further advise you. Your scheme appears to be flawed from the onset. You have already recognized and pointed out your api difficulty, so why your Forum post?.

Ztex

I agree with Doug. If you want to use our photos for your application you would need prior permission for each and every photo.

If your app were to point to the site and open the photos in a separate window or link then this site would be where the photos are seen and not on your for profit application. the only place these photos should be seen is through this site or one of the copyright holders choosing.

Be very careful with other peoples intellectual property. US and international copyright law applies every time.

mcmills

OK - was only asking politely - didn't mean to offend.

Perhaps put a note by the api then advising that their photos surfaced by the api cannot be used without prior permission of each and every photographer.

dsfh2992

What use is the API then? What is the point?

What about "VirtualRadarServer" software that references the images here? Is that OK because that software is free?

DougRobertson

I am NOT about to provide any legal advice here as I am not a US Patent Attorney. And this Forum should not provide legal advice either. I simply refer you again to my first post here and friend Zane's reply. I would only mention, in addition, that violation of US Code Title 17 is subject to a fine of $250,000 and five years in prison. I am done here.

Ken Wang

Hi All,

Actually this subject warrants further discussing.

Currently the site provide two APIs, one of them is aircraft thumbnails. Any more can request an thumbnail by aircraft registry, and display on whatever they like. There's no commercial and free/open source difference here.

I am not familiar with copyright laws. A thumbnail is too small to be useful by itself, meanwhile the actual photo, which is useful and meaningful, can only be seen on this site. So my understanding is that just displaying a thumbnail should not be considered copyright violation. Just think the thumbnail as a different type of link, similar to a normal text link.

Any thoughts?

Ken

dsfh2992

I'd say the logic makes sense. After all, one primary way anyone would _find_ a photographer's photos to even purchase them would be (likely) via a thumbnail link.

If the display of thumbnails is not permitted on other sites, why is there even an API at all?

Probably the site admins need to weigh in here on what they intended when the API was developed.

Ken Wang

Actually, I am the site admin.

The API was originally developed for VRS, Virtual Radar Server (http://virtualradarserver.com/), an aircraft tracking software. It's a remarkable work. After discussing with the author, I decide to contribute, also to get some extra traffic to our site. So I made an API for it to show aircraft thumbnails on tracking info panel.

Ken