Need few clarification on using creative commons licensed content.

I'm sorry, your question is beyond the scope of a general Q & A that is intended for this forum. Unfortunately, no copyright attorney would clear the images on an online forum. You need to first establish an attorney client relationship by retaining a copyright attorney or firm. I suggest that you contact an experienced Copyright attorney who can advise you in confidence. Many Copyright/IP firms, like our own, offer an initial free conference by telephone, video conference or in person if you are available locally and would be happy to speak with you. Call and speak with an experienced Copyright attorney who can assist you..

I agree with Mr. Sack's advice. I would add that you need to look at the terms of the creative commons license that might apply to the images you propose to use. They are still licenses and if you don't abide by their terms, you are guilty of copyright infringement. There is too much at stake for you not to consult with your own attorney who can review the specific facts of your project.

This question requires an attorney to view your specific photos, investigate the specific photos (stills of movies usu. are the property of a studio/production company unless otherwise licensed) and other legal evaluations. You will also need numerous disclaimers to post on the site and terms of use. I strongly suggest that you contact an IP attorney to review this with you. Many of us offer free initial consultations, so I strongly suggest that you contact one of us before doing anything further. Good luck!

I have very little doubt there are very few, if any, movie posters made for movies released in the last 40 years that are now in the public domain. Regardless of the database in which you find them. It is often a "fair use" of a movie poster to display it when reviewing the movie or when publishing an analysis of a particular movie genre. Which is one reason why there are so many digital images of movie posters floating around -- the other reason being that many displays are infringing [but harmless so the production company doesn't care]. But the use of a movie poster in a software application -- especially one that is sold to consumers -- is not a "fair use" of the poster and would very likely draw the ire of the rights holding production company. As my colleagues note, you need to speak with your own New York-licensed intellectual property attorney. But expect to be told that very few, if any, movie posters and still images from movies are in the public domain or otherwise free to use commercially. Good luck.

You received some great responses. I think you should really take a step back and get some specific guidance on your venture at large so all the business and IP issues can be vetted and a best course of action can be reached. At best, all we can do here is stab in the wind with something like this. I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Lapin, LLC

Use of the proposed images in your "quizz app" is dangerous without obtaining a license. You cannot rely on public domain designations on Flickr, wikimedia, or google images---they are often wrong. You should retain counsel to check the accuracy such designation. Further, there are at least six different "creative commons" licenses, and these have changed over the years. Understanding their scope and meaning is not always easy, even for experience lawyers. Many creative commons licenses allow use of photos only for non-commercial use. In other cases, the licenses prohibit use of photos as derivative works (which you probably would be doing). Creative commons licenses also commonly require that you comply with various sometimes burdensome and impractical conditions before using the licensed materials. For example, many creative commons license allow use of photos only if you (a) provide attribution according to the terms of the license (which may require that you identify the author, his address, and year of creation) , (b) state explicitly that publication is subject to the limitations in the applicable creative common license (such as non-commercial use), and (c) offer licences to use your "quizz app" on terms identical to the applicable creative commons license. It is often impossible for mobile applications like your "Quizz App" to comply with the technical requirements imposed by creative commons licenses. Each photo would have to be separately examined by legal counsel in connection with the applicable creative commons license provisions. Further, it is doubtful that you could license your app on the same terms available in creative commons' licenses without losing valuable intellectual property rights that you should preserve---you probably want to obtain robust IP protection for your quizz app, which might not be possible if you use creative commons licenses for photos. Possible creative commons licenses include: (1) Attribution (CC BY), (2) Attribution-no derivs (CC BY-ND), (3) Attribution-Non Commercial ShareAlike (CC By-NC-SA), (4) Attribution-ShareAlike (CC By-SA) (comparable to "copyleft" free and open source software licenses and used by Wikipedia), (5) Attribution-Non-Commercial (CC-BY-NC), and (6) Attribution-NonCommecial, NoDerivs (CC BY-NC-ND) As stated above, each such license has different terms and conditions---you cannot assume that you are free to use a photograph for your Quizz App just because it is offered for use pursuant to one of these creative commons license---you have to look at the specific license terms applicable for each photograph in the context for which you propose to use it. As you can see, this is a complex matter. If you are developing an application, it is absolutely essential that you retain and work closely with legal counsel, My guess is that there are numerous other difficult intellectual property law issues that you have not yet identified. Developing mobile applications is no longer a business for amateurs operating out of their dormitories or garages. It is a serious business, with serious financial and legal ramifications. That means you must invest significant resources in laying the proper legal foundation for your business and mobile application. Reliance on "open source" software and creative commons licenses often proves disastrous. For example, in addition to the problem you raise with regard to images, it is critical for you to retain counsel to conduct a patent clearance analysis before purporting to operate this application. Chances are that you will need several licenses from patent owners before you can safely operate this application. Failure to work closely with IP counsel to deal with issues such as this has led to the downfall of many mobile applications that could have been successful had their creative inventors retained counsel to conduct the necessary intellectual property clearance analyses, and obtained the necessary IP licenses.