Adsense, Copyright, and Fair Use

Are Google Images Free to Use?

Google Images are not images owned by Google, so they give no permission for the use of images shown on Google Images.  Google images is nothing more than a search engine that indexes images that can be found on the web.

That does not mean you have permission to use them. Every image is protected by copyright unless it's listed in the Public Domain (must say so); or unless it's licensed as Creative Commons (in which case you must follow the licensing terms) or, unless the copyright holder (ie: the owner of the image - the artist, the photographer, the creator) has listed it as free to use.  The same would hold true for any image search engine (like yahoo or bing) - since they do not own the images, they cannot grant you usage rights for the images. The only one who can give you authorization to use the images is the owner/creator of the image.

And there are, in fact, quite number of websites that offer free images for bloggers and website owners, incuding some of the more popular micro-stock sites (Shutterstock to name at least one). They require you to sign up and you are restricted to certain uses and to the images they offer weekly/daily for free, but they are images produced by professional photographers. There really is no excuse for using images without permission when many sites offer them for free. Even Flickr has a multitude of images licensed for use under Creative Commons. You just have to read the appropriate licenses and follow them.

Lots of people don't really understand copyright law very well, which isn't surprising because it's pretty complicated. Further reading (below) includes answers from a lawyer; bloggers who have been sued for using other's images without permission; and famous people or companies sued for not acquiring permission.

http://www.legalcentral.com/blog/can-i-be-sued-for-using-other-peoples-pictures-on-my-website/
http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html
http://www.prdaily.com/Main/Articles/How_using_Google_Images_can_cost_you_8000_14912.aspx
http://tamaratattles.com/2013/01/11/housewives-blogger-sued-by-new-jersey-media-group-for-copyright-violation/
http://www.alaskadispatch.com/article/20130913/sarah-palin-and-sarahpac-sued-over-use-copyrighted-911-photo
http://fstoppers.com/photographer-sues-celebrity-blogger-perez-hilton-for-copyright-infringement
http://blog.seattlepi.com/timothymccormack/2012/01/26/copyright-infringement-letter-for-images-on-your-website/
http://womeninbusiness.about.com/od/copyrightlaws/a/Can-I-Ignore-A-Getty-Settlement-Demand-Letter.htm

Also note that although Fair Use does exist in the Copyright Law (US), there is no guarantee that your use of the image would be considered Fair Use, and AdSense may not consider Fair Use at all if you must file an appeal because your account was disabled. Adsense's copyright policies don't really mention Fair Use, and saying that Fair Use gives you authorization to use images/text/video clips is more likely to fail with Adsense.

One other thing to note: using a screenshot of someone's image is not really an option unless you have permission from the image owner, so it's really not that much different than having to acquire permission for the image itself. Screenshot use may be dependent on the actual use of the image, but if you simply open someone else's image to full size, and take a screenshot, then try to use that as a free wallpaper or to sell it, or use it as your own ... the answer to that is that this would just as likely get you sued as using the actual image.

If you were using a screenshot of a page that contained an image, but the primary focus isn't the image, you may possibly get away with fair use, if your use of the screenshot falls under fair use, but it isn't something I would rely on.

Fair Use

http://www.copyright.gov/laws/
http://www.copyright.gov/fls/fl102.html

"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

• The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
• The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission."

So even if you think your use falls under the "Fair Use" part of the Copyright law, if the image owner doesn't think so, you may find yourself in court facing a lawsuit, or settling the claim by paying the required fees. If you want to fight the claim, then you'd be required to face the court. Because that's how it works. The cost of a court case and a lawyer is probably far more than the value provided by using the image, or paying to license an image from a stock site. Today, micro stock sites license images at an affordable rate, sometimes only $1 an image. If you can't afford that, you can't afford to go to court over a Fair Use case.

Celebrity & Famous People

For "famous persons", there's a clause that says celebrities have the right to earn from promotional images of themselves ... well, something to that effect (it's called the Right of Publicity). Images of most celebrities are licensed by someone, so whether it's their agent, or the studio, or themselves, they shouldn't be reproduced without permission.

In cases like magazines where celebrity images appear, it can be handled in a lot of ways. The magazine pays for the photoshoot and copyright ownership, and famous person signs a release so the magazine can use it. But what happens after the magazine uses it depends on what the release said that was signed by the celebrity. Some are exclusive use only, some may not be, but only the entity that holds the right to the model release and copyrights has the right to provide the authorization for use of the image. And not all magazines may arrange their own photoshoots, some may license some of the images in their magazines from stock sites, like Getty, in which case even the magazine must comply with the license terms they paid Getty for.

If an image is issued by the copyright holder or representative (authorized) as a press package, it would likely contain licensing that allows the image to be used in only certain ways, so if you rely on press releases and publishing packages for celebrity images, you must be sure your use of the image (ie: the way you intend to use it) would fit within their guidelines of use or licensing.

It's pretty complicated.

http://www.ehow.com/about_6461739_celebrity-copyright-law.html

http://en.wikipedia.org/wiki/Personality_rights

Celebrity Rights: http://nopr.niscair.res.in/bitstream/123456789/11021/1/JIPR%2016(1)%207-16.pdf

Fan Fiction: http://en.wikipedia.org/wiki/Legal_issues_with_fan_fiction

Adsense's Thoughts on Copyright

Equally important for Adsense publishers (or perhaps more so) is AdSense's own policy on copyright, which essentially says if you don't own it, and don't have permission to use it ... just don't use it. The bigger issue is sites which are composed solely of someone else's text, or someone else's images/videos. As well as violating Adsense's own copyright policy, these sites would also violate Webmaster Guidelines which can be a reason for seeing ad serving disabled to your site, or might result in your entire account being disabled if you have multiple sites that all use contents from someone else.




Both Adsense and Webmaster Guidelines expect you to use an image appropriately. When you use an image belonging to someone else, you either acquire permission or make sure of it's free use licensing. You also use it to illustrate your own original contents, you don't use them as the sole purpose for the existence of your website. In other words, your use of images needs to be accompanied by your own useful and original contents. Your site shouldn't consist entirely of images/text/videos you don't own, or didn't create.

by J.Gracey Stinson

Reapplying For Adsense - YouTube and Blogger

Due to some of the recent changes at AdSense publishers are finding it impossible to resubmit their application for Adsense using a new blog URL or a new YouTube Channel. Some folks are calling it a "bug" although I'm not entirely sure it is a bug. If it is, it has been ongoing for some time now.

There is a process for submitting a new URL, but what you can't do is change the URL in the application you already submitted. When you try to apply with a new or different blog in your Blogger account, the application is automatically submitted with the same URL you submitted with your first application. The same is true if you try to apply for Adsense using a YouTube Channel - if you applied for Adsense with a blog or website (and were rejected) before you applied from YouTube, the URL from your old application may automatically be submitted to Adsense, instead of your channel.

In either instance what you'll need to do is first create a new Google Account and a new Gmail account for that new Google Account.  WAIT!  No, you don't have to delete your current Google/gmail accounts and no, you don't have to create a new Blogger or YouTube account to do this.

The first step is to log out of your current Google Account. Then create your new Google and Gmail accounts. Once created and verified, log out of that new account you just created.

The next step is to login to your current (or old) Google Account, and then go to your Blogger Account or YouTube account/channel. Now you're ready to submit a new application to Adsense using a different URL than you previously used. Yes, it's a little confusing but once you know the steps, it isn't that bad.

YouTube Steps

Go to your YouTube Channel that you want to submit and find the Monetization tab. On your monetization tab you'll see a list of guidelines and other information you should know. Click the little down arrows next to each one to expand those sections and please, DO read the information.

Notice the section that says "How will I be paid" - there's a link there to associate an Adsense account with your YouTube channel. Click that after you finished reading this information and it takes you to a page with further instructions. READ those, then click next. That should bring to a place like this one:

PLEASE NOTE: You must be 18 to apply for Adsense, and that the information you fill out on your application (such as your REAL name) must be correct - double check your entries for spelling errors because you won't be able to fix them later on.

Follow the steps on this page to apply for Adsense using your new Google Account - remember that you are still logged in to your current Google Account - the one that's actually associated with your channel, so you'll see your current email address and google account on this page. At the bottom of the page are two blue boxes - the first one says "yes apply with (current google account shows up here)" - you don't want to do that. Not if you submitted an application previously using your current Google Account.

What you want to do here is select "Use a different or new Google Account". Once you select that, it will ask you for the information for your new Google Account. Fill that in, and complete your application using your current YouTube Channel.

Note that if you have multiple channels that use different emails/different Google Accounts, you can also use these instructions to associate those channels with your approved Adsense Account.

Blogger Steps

The steps to reapply through your Blogger account with a new Google account are the same. Make sure you are logged in to your current Google Account and sign into your Blogger account. Select the blog you want to submit and go to the Earnings tab.

You should see something like this page:

Click the "Sign up for Adsense" button and you'll get the steps to sign up for Adsense.

Make sure you understand that you cannot apply if you are under 18.  This page will show your current Google Account/email address (the one associated with your Blogger account). When trying to submit a new or different blog than one you tried before, you can't resubmit using your current Google account. Choose the orange button that says "Use a different or new Google Account" and give the information for the new Google Account you created, then complete the application for Adsense.

For both YouTube and Blogger,  you'll have 2 Google Accounts - one associated with your Blogger or YouTube account, and one associated with your Adsense account. These steps essentially link your accounts, so make sure you do keep track of the login information for both of your Google Accounts.

by J.Gracey Stinson

Time for AdSense, Blogger and YouTube Updates

In the last several months there have been quite a few changes for Adsense users. Over the next few months I'll be trying to explain some of the changes and give you my own thoughts on them or if I can, offer some answers. The Help Center has been updated with a new look and navigation system, and the dashboard in your AdSense account has been updated as well.

Recent additions include the Scorecard, which for some people seems to have created a small panic. The Scorecard really is just a way to see where you might be able to improve your site(s), and your AdSense earnings or traffic. Suggestions made in the Scorecard are just suggestions.

Just as an example, if your "Revenue Optimization" on the Scorecard shows less than 5 blue dots, you can find out why by clicking the little down arrow next to "Revenue Optimization". The sections listed are "Recommended Ad Formats" (are you using all the most recommended ad sizes and formats?); "Text and image ads enabled" (have you enabled all your ads for text and image?); and "Crawler Errors". All of these subsections will have a green checkmark, a yellow exclamation point (recommends changes) or a red exclamation point (needs work). The small arrow next to each section opens up to display their recommendations.

In this screenshot, the recommendation is that switching to recommended ad formats can help increase revenue, with a "learn more" link next to that. If you click the "learn more" link, it will take you to a page like this one:  Most successful ad sizes. 

So what do you do? The first thing you do after reading the information is really take a look at your own site - you know it better than anyone else. Consider why you are currently using the ad sizes/styles/formats that you are using right now. You chose them for a reason. What was that reason? Was it the same when you chose them as it would be now if you were putting new ads on your site?

Recommendations aren't always right, so it's up to you as the site owner and publisher to think about what works best for your site and for your visitors. Don't arbitrarily make changes to ad sizes just because Adsense says you might earn more. If your site's size (in terms of screen width) can't support larger ad units, don't use them just because Adsense automatic suggestions think you should.

Most site owners who have an interest in providing a good experience to their users will first consider how the larger ad units might affect that user experience, and whether or not larger ad units actually fit well into the ad space provided. If your site appears to have too much space taken up by advertising, then using larger ad units is probably not a good choice to make.

Don't blindly make changes that Adsense suggests to your site - keep in mind that these suggested changes are basically "auto initiated", so nobody physically has gone to look at your site. That much is apparent when it's been suggested I use a 970 pixel wide leaderboard on a website that is only 800 pixels in width - it seems rather obvious to me that an ad that large simply won't fit across the width of my site so I'm certainly not going to institute that change.

The same can be said for all the suggestions made in the Scorecard - you should fix things that actually require fixing (crawler errors), and you should review their recommendations and suggestions, but don't panic about instituting those changes if you are happy with your site layout and/or can't make all the changes they expect.

In my Scorecard under "Site Health" (Page Speed Performance) there is always a yellow exclamation point. Why? The pages they list for recommended change include a website that includes articles as well as a lot of free images and textures, they expect me to reduce the image weight so the images will not slow down the page load time, but ... well, it would be pointless to optimize the images to the point where they look crappy. I'm a photographer, I don't want my images looking bad so they load super fast. All of my images are already optimized for web, and they're optimized to a level I can live with. I'm not going to optimize them any further just because Adsense thinks I should. They're not the one whose reputation is on the line, I am. So I'm the one who has to decide that, not Adsense.

The other page they list as a slow loading page (it isn't slow, actually so I have issues with that but ...) is a blog hosted on blogger. All of things they say cause the slower load are (a) blogger coding and (b) adsense ads (only 2 on each page, and no other ads). I guess they want me to fix the Google issues?

So having taken the time to review their recommendations I decided against taking them, and left my pages as they were. None load so slowly that it's an issue, and making whopping changes to get a page to load a few nano-seconds faster isn't really worth the time, nor the issues that would be created by making those recommended changes.

Having five blue dots on the Scorecard isn't my goal. My goal is to provide useful information and products to my visitors, and I believe I'm doing that reasonably well on my monetized sites.

In the end, it's really up to you - the site owner - to decide which changes make sense for you, and which do not. Your decisions should never be based on the fact that "you are losing revenue", because you may not be losing any revenue at all. In fact, sometimes making the recommended changes may cause you to see lower revenues than you previously had.

Approach any changes to your site with thought and consideration before running off and making major changes.

Help Articles for the Scorecard

About Your Scorecard: https://support.google.com/adsense/answer/3006004?hl=en&ref_topic=3131279

Changes to Your Scorecard: https://support.google.com/adsense/answer/3131280?hl=en&ref_topic=3131279

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Coming in the next round of Update Articles - Signing Up from Blogger and YouTube, Resubmitting Applications with a new URL, and ASense Accounts from an AdMob Upgrade.

Putting AdSense Ad Code on Your Blogger Blog

If you're new to blogger, new to web publishing, or new to AdSense you might need a little help getting your ad codes onto blogger. For those of us who have been using this platform since it came out, placing ad codes seems like a simple thing, but for newbies it can be confusing. Particularly since blogger seems to be constantly changing the way things are done.

With blogger, there are multiple ways you can get your codes onto your blog. There are several types of gadgets that will work, or you can use the earnings tab, or you can even paste code directly into the text area. Keep in mind, pasting code into the text area may not always work. It will depend on the type of template you are using for your blog - usually a standard blogger template works best for that. If you use third-party free templates, or blogger's dynamic template, posting ads in the text area may not work at all. The instructions below are for using normal blogger templates (standard ones, not the dynamic ones).

Using a BLOGSPOT URL

If you use the free blogspot URL, almost all the available methods will work if you've been approved to place an ad code.  Keep in mind that being asked to place the ad code doesn't mean the ad will display right away, so all you may see is a space where the ad is placed (in some templates, you might not see any space at all).

Because the approval process can take a few weeks to complete you might see ads for a short period of time when first placed, then they suddenly disappear. That's because ad code/ads collect "impressions" (that's visitors coming to the page) and when there are enough impressions, the second part of the review will begin, and you won't see ads for a while again. Not until they approve your blog.

So, to place the code you can use the AdSense gadget (which places code for you, so no copy/paste required), or you can paste ad code that you've been given or created in your AdSense account into an html gadget. You can also choose to have ads between your posts if you'd rather have that - you can edit the post template to choose that option. The simplest method is to use the earnings tab in your blog dashboard, choosing where to place the code using the radial button. Some of these options may not work if you are using a custom domain with your blog (the earnings tab may not be available).

You can use the AdSense Gadget from the layouts page. OR
You can use the html gadget and paste code into it from the layouts page.
On the layouts page, simply click +New Gadget and choose the type you want.

Blogger's Adsense gadget offers several options for ad types and sizes in
the drop down menu. There is no need to paste code into this gadget.
You can choose the colours for text ads once you've chosen the size and type of ads.

To place ads between posts, go to the layouts page and in the blog posts template
Click the "edit" button.

When the "edit template" dialogue opens you see the options available.
Scroll down until you see "show adsense between posts" and select that.
Don't forget to click "save" at the bottom. Also note that choosing ads between posts
means you need to set your homepage not to show more than 2 or 3 posts, or you'll have
too many ads on a page. Ads in sidebars and other gadgets also count towards the total ads.

Using the Earnings Tab (when available)

On the earnings tab of approved blogs, you can choose where
you want your ads to display, and blogger will place them automatically.

Using a CUSTOM DOMAIN

When directing a custom domain to your blog, not all of the above options may work. If the earnings tab isn't available, or the AdSense Gadget shows an error when adding it, you'll need to use the html gadget and ad code from your account.

Use the html gadget to place ad code from your "MyAds" tab in your
AdSense account. Once saved, you can drag the gadget to any spot on
your layouts page that accepts a gadget. Be sure the ad size is compatible
with the space you place the gadget in.

Placing Ads in the Text of your Blog Post

You may find some tutorials on other blogs for parsing AdSense code and placing it directly in the html of your blog's template. Personally, I find this option less than satisfactory, and it can result in errors from clicks not being recorded, or sometimes the ad not being clickable, or the ad being in the wrong spot in the post. Once it is in your template, it shows up in the same spot on each post you publish.

This isn't always a good thing. Some posts you may not want ads on, or some posts you might want ads in a different spot. Keep in mind that no matter how you place the ads in your blog, publishers are allowed no more than 3 Adsense ad units on any page, so if you have ads in gadgets, or are placing ads using any of the other methods listed above, placing another ad in your post MUST NOT lead to having more than 3 ads on the post when it's published.

When I have a popular post where I might want to place a third ad (I generally only use 2 in my sites), I simply copy the ad code from my account and paste it directly into the post editor, using the html option, rather than the "compose" option. Keep in mind you need to add a couple of line spaces manually, or you'll have an ad that's far too close to the content (and cause a violation). Make sure the ad size fits within your posting space. Don't try to paste an ad code for an ad that's too large into the space, or it will cover contents, or part of your sidebar.

Click the HTML button at the top of your posting editor while preparing or editing a post.
Paste the ad code into the text area, being sure to add a few line spaces. Publish your post.

Once your ad is visible, check the placement to make sure the ad isn't
too big for the space, and is far enough away from the content.

Questions? Just ask by leaving a comment and I'll be happy to answer them if I can.

posted by J. Gracey Stinson

A Phone Conversation with Google?

So yesterday around the supper hour I received a long distance phone call from an area code I didn't recognize. Generally, spam calls (ie: unsolicited sales calls from telemarketers) don't show an area code or telephone number on our call display, they simply show as "private". Normally, I tend not to answer calls if I don't recognize the number, but we're in a bit of a family situation right now where we might receive calls from health professionals and we might not recognize the number, so I answered the phone.

 What exactly does this have to do with Adsense? It doesn't really relate "directly" to Adsense, but if you read on, you'll see that it might have an indirect affect on a site carrying AdSense ads. In my case, it probably wouldn't have affected my Adsense account since the site this call related to doesn't have Adsense on it, but yours might.

The caller on the other end of the line began by telling me they wanted to update my Google Business listing. Right away, I was hesitant about the call. I couldn't imagine Google calling me for a simple thing like updating my Google Places listing. If they wanted to do that, they'd more likely send me an email than make a phone call. The next thing he asked was my name, which I also found strange. Considering the fact that updating a Google Places business listing involves the business owner whose name is attached and listed along with the business information, Google would already know my name, so they'd either ask for me directly or ask if I was that person. They probably wouldn't ask what my name was. So far, two sentences into the conversation and I'm pretty sure I was not talking to anyone from Google Places.

Next the caller asked if I knew where my business site ranked when someone did a Google search for the type of services I provide. I indicated that I did in fact know, and since I am semi-retired and live in a small community and my site comes up fairly high in serps, it's placement was fine with me. Next he wondered if I knew where my site ranked on Bing and Yahoo, and other search engines and "bingo" ... I knew this was nobody from any Google services.

Right from the beginning I was suspicious since I know Google isn't going to "cold call" me for a tiny business like mine unless they're wanting to sell me a useful service like Google Engage, or Apps for Business (which I already had), and anyone calling from Google always identifies themselves and the programs they work with. So I asked this guy why Google would even care where my site ranked on Bing or Yahoo and there was silence on the other end of the line, and the silence got even deeper when I finally told him that Google wouldn't bother cold-calling me to update my business listing either, and I was a suspicious of his relationship with Google.

He asked me if I wanted to be removed from his call list since he didn't think he could help me. (Ha!) I asked directly what his position in Google was, and he finally admitted he didn't work for Google, but (yeah, there is always a but isn't there?) they were "partners" with Google. Oh really?

My final words to the caller: Do NOT call me again. 

So some of you might still be wondering how all this could possibly have any affect on your Adsense account. If you haven't figured out why this guy was calling me, I'll explain it.

With all his discussion of where my site ranked in all the search engine SERPs it was painfully obvious to me that they would have tried to sell me some sort of "SEO" help ... possibly okay services, but generally if they cold-call you, they're probably desperate for customers (and their money) and might just use methods way outside of anything that's acceptable for a site carrying Adsense.

 A word of caution - if you get a call from "Google", you better make sure they really are from Google BEFORE you give them any information at all - and I do mean "any".  Don't even give them your full name. And never buy any SEO services from a cold-caller without checking out their company and services before entering into any contract. This sort of thing is how scammers get your money, and how inexperienced AdSense publishers may have lost their accounts for generating invalid traffic or unauthorized methods of site promotion. Never let any SEO company promote your site unless you do your homework first, and know the methods they'll use are compatible with Adsense policies. Always be involved in the decision-making process; a good SEO company will involve you in everything they do for you, and won't charge an outrageous price for things you can learn yourself; they won't use automated methods for generating traffic; they won't spam forums, blogs or email with your site; they won't submit your site to link farms or link exchanges etc.

On a personal level - my opinion on this is simple. If they (SEO companies) can learn how to promote sites using only approved methods (no tricks, no blackhat), then so can I; and, so can you. Visit Webmaster Central to get help free - that's why the forum exists. Between Webmaster Tools help center and the Webmaster Central help forum, you can learn what you need to know to make good decisions for promotion of your own sites.