copyright question
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- 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.
- 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.
- 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.
- 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.
- stem0
This is one big grey area...
Sounds like you need to talk it over with a lawyer rab.
- 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?
- 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.
- 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
- 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.....
- uberdesigner0
if you change something by 10% then it's yours
- stem0
Yeah, that would be like swimming without a hat.
- 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.
- 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
- stem0
Them crazy lawyers - you can see how they earn their money...
They got it covered!