copyright question
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- rabattski0
that seems to be a myth though ueberdesigner. and depends on the country as well afaik. and since we're talking country here. i made the stuff here in germany, the stuff is for the states, under what copyright law / countrywise am i suppose to fall?
- uberdesigner0
if you change something by 10% then it's yours
- haha0
Yeah, I don't know much about that rule, but just make Sure that you personally can't be sued.
Why don't you cover youreslf by buying some royalty free stock...I think since you will essentially buyout the photo, you will be fine there. If your client is being too cheap to by a$400 photo, let's hope they can afford a HUGE lawsuit if they get caught.
- rabattski0
haha, it doesn't really cover it all, you also have the de minimis rule which allows you to use a certain % without having to worry about copyrights, only it's not clear how much % it is and which % exactly.
stem, it's not questioning if i've crossed the line it's just that i want to be absolutely sure, it's a shame that i'm not allowed to show the work done which would make it easier to explain but it's for a big brand and i have to sign an art purchase thing in which i sign away all my rights and i just want to be sure.
but i already signed it, checked everything, and i think i'm on the safe side.
- stem0
Them crazy lawyers - you can see how they earn their money...
They got it covered!
- haha0
from the U.S. Copyright web page
http://www.copyright.gov/circs/c…
...................................WHAT IS COPYRIGHT?
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
To reproduce the work in copies or phonorecords;
To prepare derivative works based upon the work;
To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
...................................
"To prepare derivative works based upon the work"
This seems to answer your question.
- stem0
Yeah, that would be like swimming without a hat.
- haha0
Rab
http://www.allworth.com/Articles…
This answers some.
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?
stem
(May 27 05, 07:40)Yeah you could do that, but if it is found (maybe will, maybe not), penalties could be severe.
tens of thousands of dollars in some cases.So do some research and BE CAREFUL
- 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?
- 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.
- 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
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
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.
- stem0
Bugger! - hadn't thought of that
- 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
"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
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.
- 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
"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.)"
- rabattski0
that's not true stem, that's a myth.