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  • Copyrighted Image Usage

    #1
    I am currently in the process of putting together some really unique collages that combine real life photos and vector graphics, each design will be based around either a music group/artist or a film.

    Obviously i understand that if i were to print (say for example) an image of Elvis there would obviously be copyright issues regarding that image however where do i stand if i do a lot of editing to that image and the final image/print that is to be sold is no longer a true reflection of the original image.

    Am i right in thinking that as soon as an image has been edited, transformed, twisted, tinted and combined with other images to form a unique collage the image is no longer copyright as it is a totally new and unique image and hence no longer the same as the original???
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  • #2
    If you have taken an image from someone without their permission, you have stolen it. Editing it doesn't make it yours. Changing an image doesn't make it a totally new image. It makes it a crap version of a copyright image.

    You are better off dressing up as Elvis and shooting some pics.

    I'm not sure about vector graphics though. Drawing Elvis (from several reference photos) is fine, but I think that livetracing Elvis will still come across copyright issues

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    • #3
      It's called a Derivative Work.
      http://www.copyright.gov/circs/circ14.html

      You would need permission of the original copyright holder to create a derivative work unless the image has fallen into Public Domain.

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      • #4
        Ok so say you have designed a collage with loads of different elements and you add a vectorised image of (in this example Elvis) as just a very small part of the design, unless that elvis image was in the public domain it could result in you being sued.

        Which brings me onto my next question, how do poster companies and tshirt companies get away with printing and selling stuff? Popular iconic images/photos?

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        • #5
          Buy the license for a press run.
          You have to know how many and the distribution area, then negotiate the usage fee.

          This is why the softwares that grab Google images for collages is bad. Google images are NOT public domain. Some of the Photomosaic softwares do this.
          Last edited by PrintDriver; 07-26-2007, 01:50 PM.

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          • #6
            Just a thought, how do we know if an image is public domain? Is there a list somewhere citing public domain works?

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            • #7
              Nope.

              The short answer is, it's complicated. Stuff that's over a certain age is in the public domain. That age is dependent on country. Plus, those laws have changed a lot in the last 100 years, which tends to make the situation even more complicated.

              Also, people do release works as public domain -essentially giving up their copyright on it. But then you have to be really sure that the person claiming to release the work to the public domain is actually the original copyright holder.

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              • #8
                Extremely complicated.

                Images from the web especially. Nothing is more fun than trying to contact a webmaster to find out the status of an image you want to get usage information for, only to have the image and sometimes the whole website vanish. I think I've scared a bunch of people over the past few years.
                Maddening though when trying to backtrack provenance on something....

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