Is it illegal to hotlink images on your own web page that has no professional or commercial ulterior motives and is only intended as a hobby?

I myself am making a webpage about my hobby, here I want to place images. Now I want to hotlink. One says hotlinking is allowed. The other says, it is illegal and punishable by law because then I would put images in my web page, which are on another server and I have to download the pictures to my PC and put the pictures in my web page that way. Now I ask myself the question if I first download the images to my PC, will I not be violating the copyright law. so in other words, if I want to link to this webpage from my web page, and I would use the properties of your logo in the img script, this is forbidden, because I commit bandwidth theft and I should therefore use the images (logo) first download, place in my webpage, and link in that way. Your logo is not my property, so logically I am not allowed to download it, post it on my web page afterwards and link to this web page in that way.

Asker: François, 51 years old

Answer

Hot linking (linking directly to images on other websites) is in principle permitted, unless the website or server on which the original images reside defines terms of use that explicitly prohibit this. Using that image on that website or server implies that you accept those terms of use, and therefore that you are not allowed to hotlink…

You see this especially with large websites or online photo albums. It usually doesn’t run that fast for ordinary websites. Basically you are using bandwidth from that other website for your own purposes. Some find that inappropriate, others argue that the purpose of putting an image on a website is just to download it, from anywhere and from anywhere. Anyway, this is actually more of an ethical discussion than anything else.

It is more reliable to make a copy of the images on your own website and use your own bandwidth for it. If the original website changes or the image changes, your own website will not be affected that way and you will still have the original in your possession. The fact that you do not have to use the bandwidth of that other website and that you are not a burden to them can be seen as an extra advantage (at the expense of your own bandwidth, unfortunately).

All images are subject to copyright and may in principle not be used without the permission of the creator. In addition, photos of people may not be used without the permission of the photographed person(s). In practice, however, this is handled very loosely. Just as a courtesy you can send a small email asking if you can also use a certain image, most people will be flattered that their images are ‘success’. A small copyright notice certainly completes it.

If it concerns logos of companies, it is best to contact the company. They will probably allow you to use their logo when it comes to a simple link or even advertising, and will be a little less keen on it when it comes to critical text. It is best to ask companies that because they have the means to set up a lawyer much more easily…

And even then it usually doesn’t go that fast. Should you use an image that someone wants to get rid of and you don’t voluntarily remove it on request, they can hire a lawyer to send you a ‘cease and desist’ letter giving you an ultimatum that if you don’t accept it to a leads to a lawsuit. But these are really very extreme cases, which mainly occur in companies that make it a point of honor to protect their brands and to reserve them exclusively for them (take the Coca-Cola company, you can’t just use their logo with the curly letters) .

If it’s just a hobby website, I wouldn’t worry too much about it. Try to do it as honestly as possible and give the photographers or imagers credit for their work if you use it too. Most companies will be happy to let you use their logo, an extra link to their website and some extra visibility is welcome. Good luck!

Answered by

drs. Joachim Ganseman

computer science, digital signal processing, with focus on audio and music data editing and processing

Is it illegal to hotlink images on your own web page that has no professional or commercial ulterior motives and is only intended as a hobby?

University of Antwerp
Prinsstraat 13 2000 Antwerp
http://www.uantwerpen.be

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