image use
- Started
- Last post
- 6 Responses
- watchamakalit
How far can you use a generic image?
Like an image used a lot of times..
do you need to buy rights if the image is all over the net?Need your insights..
- flashbender0
generic image?
can you give an example?
Chances are if you are using it for commercial gain, you need to find the owner of the image and give them some money. Unless it is old enough that it is in the public domain.
- watchamakalit0
any car model for example...
After tracing and vectorizing it and used it for an artwork..
Does it give you the right to make money out of it?
- mydo0
depends what you use it for. i've been in the industry for 12 years and i've never heard of anyone getting into trouble for any image.
If your client is huge and sueable they have budget for real images and will make sure they are covered. if they are small. who cares.
- flashbender0
ah I see.
In the case of a car or a laptop if you alter it to remove the brand markings, I think you are OK.
And it depends on the scale of the project.
For example in Gran Turismo - the first one - Sony had to pay a licensing fee to each car manufacturer that it included in the game. Ironically, after the huge succes it had, car manufacturers then paid sony to be included.
Ferrari had a competing game out at the time (maybe they still do, who knows) so they did not allow sony to use any Ferrari models in the game.
Alternately, Grand Theft Auto had to use made up names for the cars (which were modelled on real cars) because no one wanted their names associated with that game. So even though something is obviously a porsche, they can not call it a porsche.
I realize this is different than a print ad, but I think it still applies.
Then again maybe it doesn't, I'm really not very smart.
- detritus0
Hrm, I'll be buggered if I can remember the exact company or the context - but I recall Ford or someone going after an individual Stateside last year for profiting off photos and imagery of their car models.
Let me have a dig.
- ********0
Not sure where this case ended up, but there was alot of hoopla over this issue of copyright infringement of use of Obama's image. I don't think there is any division amongst photos being generic or not. Each photo is an intellectual property of the photographer, as well as the model. So maybe generic would be of a non-model or stock?
AP Countersues Over Use Of Obama Image By Artist Shepard Fairey
http://paidcontent.org/article/4…