Permission First Avoids DMCA Take Down Notice Or Copyright Threat Letter

by Traverse Legal, reviewed by Enrico Schaefer - February 6, 2008 - g. DMCA Take Down Notice Issues

Always get permission before using images or pictures taken by someone else. Pictures taken by someone else are copyright protected and subject to the Digital Millennium Copyright Act (DMCA).


Elliot’s Blog » Blog Archive » Get Permission First

Long story short, I contacted the local operations manager for one of the hotels, asking if I could use the photographs from the parent company’s website. He said it would be ok, and I should send him an email to confirm. I noticed the domain name in his email address was the franchise company that owns this hotel and two others in the city, so I decided to call them and ask for a blanket permission. I talked to a web manager, who without giving it a second thought, said I could absolutely not use the photographs from the chain’s website as it is against company policy.

I explained my initial plans for the site and that they would bear no costs, and he said he would take it higher up the chain, but for now, I can’t use the photographs. I could have very easily used the pictures and pleaded ignorance, but with an expensive geographic domain name like the one I own, I opted to ask first. Experience tells me that it’s a smart move, as the manager at a hotel in Lowell told me the exact same thing when I began developing Lowell.com. I am still awaiting approval on those images.

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.