copyright question
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- rabattski
if a contract says "artist represents that the work is entirely original and not copied from the work or property of any other person" and all the work done are collage oriented designs where most of it is my own stuff but i used some elements from other images (either scanned or photographed or found) but those elements are heavily modified. can i vouch for it? i think i can. am i right or wrong? (american contract btw). help's appreciated (don't want to get sued).
- stem0
This is one big grey area...
Sounds like you need to talk it over with a lawyer rab.
- rabattski0
hmmm.... thought so, the grey are bit that is. that means i have to talk to a lawyer in the states, and i'm in germany. that's not really an option i'm betting on. lemme see if other's have ideas / input. thanks though. i'm gonna look online as well. maybe it's a known issue or something.
- rabattski0
i think this should be helpful (for others as well):
http://www.funnystrange.com/copy…
- skt0
I had a similar problem a while back, doing a travel writing poster on the cheap for channel 4. Collage of photos of sites around the world, mostly found as I couldn't get them to pay for any, or provide me with exisiting stock.
In the end I just used the found ones and hoped for the best. As to the letter of the law, you would need to get permission from the architects of buildings aswell as the photographer etc etc...
They didn't mind, and as it wasn't very high profile I doubt anyone ever noticed.
Its a tircky one though.
- Ell0
http://www.artquest.org.uk/artla…
You should be ok. Collage artists get away with a lot. There are a few features of copyright that allow you to use other bits of peoples work 'Permitted Acts'.
- UndoUndo0
you could compare this to music artist who use samples in their tracks. most of the delay with tracks is getting the samples released from their owners and I am sure deals are done by the sample owners who license them for the track.
hope that helps
- rabattski0
that's uk law right ell? link i've posted answers most of my questions although it doesn't go into heavily modifications of elements. i think i'm in the clear though. thanks for all the help.
- stem0
If something is published without a copyright notice / on display in a public place / posted on the Internet, it's not copyrighted, and therefore free for the taking...
Interesting
Make sure your name is on everything you do guys!
- rabattski0
that's not true stem, that's a myth.
- rabattski0
"Since 1989, anything that can be copyrighted is automatically copyrighted, as soon as it is created in a tangible form. (Yes, "tangible" includes the Internet.)"
- ribit0
To be safe you have to know who is the original creator or owner of the work, and 'finding stuff on the web' isnt always going to tell you that. People (usually in Russia or China) take photos from our site, crop off our site URL tag (which isnt a copyright notice either) and repost on their site, but we still have the copyright, and protect it wherever we can...
- rabattski0
well that's obvious ribit. i'm talking about elements from pictures, most of the time those images are quite old. for the US there's also the de minimis rule but that's quite vague. anyways, the link i posted did answer all my questions, figured out, can use it all.
- stem0
"Since 1989, anything that can be copyrighted is automatically copyrighted, as soon as it is created in a tangible form. (Yes, "tangible" includes the Internet.)"
rabattski
(May 27 05, 04:59)I was saying this in anticipation of being corrected! - So does that mean, any digital file can use it's "Date Modified" as reference of this?
- rabattski0
good question. i have no idea. but i'd guess no since the system time and date can be easily changed back in time. but that has nothing to do w/ copyright issues for derivative works.
- stem0
Bugger! - hadn't thought of that
- rabattski0
but if you really need a cheap way of hooking up time and date to your work, why not put it in an envelope, close it, send it to yourself w/ a datestamp on it (special option here, don't know what it's called in other countries) and don't open it.
- haha0
Rab
If it's photos BE CAREFUL.
There are strict copyright laws here in the US. The way I understand it, if something is copyrighted then you can't use it whether it's in it's original form or higly manipulated.http://www.asmp.org/commerce/leg…
Maybe this helps.....
- rabattski0
elements of really. for instance i used 1 element from a photo from the 60's from a book i have, scanned it and reworked it. drew my own stuff over it etc. but i can't find something about even if it's highly manipulated on that site you've posted.
- haha0
Rab
I would do a google search about this (including ASMP) This is the organization for pro photographers that educate them on these matters. They will know the answer....and it's probably something you don't wanna hear.
I'll see if I can find something.
- stem0
Rab - I wonder what would happen if you just went ahead and published the work in question?
Would anybody notice?
I guess, if you are questioning the 'legality' of it, then maybe it is a bit dubious?