Copyrights?
Thread Starter
|
Senior Member
Joined: Aug 2008
Posts: 252
Likes: 0
From: IL
Copyrights?
If i take a photo from the internet and change them in photoshop and put onto a website for a busines can i still get in trouble for copyright?
Like taken a large photo tweaking for smaller items? and maybe putting it threw some filters
Like taken a large photo tweaking for smaller items? and maybe putting it threw some filters
Member
Joined: Oct 2007
Posts: 74
Likes: 0
You sure can get in trouble. The picture you see of Barry Obama on all those posters that looks like it was painted or drawn was originally a picture taken by one of the news papers. The guy who changed it to look like a painting and made posters out of it is in some hot water right now. He's going to have to pay up!
http://www.msnbc.msn.com/id/29023218/
http://www.msnbc.msn.com/id/29023218/
Senior Member
Joined: Dec 2008
Posts: 749
Likes: 0
From: NW Louisiana
Absolutely you can and likely will get in trouble. The copyright rests with the original photographer - without their permission any use of the photo is copyright violation, even if you alter the image.
If you need art/photos for business there are several websites where you can legitimately purchase royalty-free photos, illustrations, etc. that you can use. www.istockphoto.com is one of these. Prices are very reasonable. BUT you still must read the contract... for example, you can purchase a photo and use it in an advertisement, but you cannot take that same photo and print it on a t-shirt and then sell the t-shirts.
Of course, enforcement of copyright infringement is the responsibility of the owner of the copyright. If you do what you planned and the creator of the art (photographer) never sees it or even if they are aware of it and chooses not to pursue you, then you get off scott free. There are no copyright police who search out violations. Indeed copyright infringement of web based content is grossly widespread. As owner of some copyrighted photography, I have vigorously pursued anyone I find violating that copyright - i.e. using it without permission. If I fail to do so then a court could say I gave up the copyright. I'm not suggesting you try to sneak-by, but it is done. Damages for copyright infringement are usually 3x the normal fee for such use. For example, a outdoor billboard company used an altered version of a photo I owned copyright to. The standard fee for such use (back in the 90s) was $500. So I could have sued for as much as $1500. Instead I settled with them for half as their artist was apparently truly ignorant of the law and did not know he could not do as you suggest - alter copyrighted work and then use it.
Best idea, if you really want to use the photo, contact the webmaster, get contact info for the photographer and contact them for permission. They may give it to you for nothing or charge a small fee sometimes as low as $25-50. However, some outfits, like Geographic, will want hundreds of dollars or more for use of their photos.
Finally just because a work may not carry or display the © symbol does not mean it is public domain. The copyright to all original work, photos, illustrations, even text inherently lies with the creator of the work, regardless of whether a specific copyright has been filed with the government copyright office.
In short, don't do it.
If you need art/photos for business there are several websites where you can legitimately purchase royalty-free photos, illustrations, etc. that you can use. www.istockphoto.com is one of these. Prices are very reasonable. BUT you still must read the contract... for example, you can purchase a photo and use it in an advertisement, but you cannot take that same photo and print it on a t-shirt and then sell the t-shirts.
Of course, enforcement of copyright infringement is the responsibility of the owner of the copyright. If you do what you planned and the creator of the art (photographer) never sees it or even if they are aware of it and chooses not to pursue you, then you get off scott free. There are no copyright police who search out violations. Indeed copyright infringement of web based content is grossly widespread. As owner of some copyrighted photography, I have vigorously pursued anyone I find violating that copyright - i.e. using it without permission. If I fail to do so then a court could say I gave up the copyright. I'm not suggesting you try to sneak-by, but it is done. Damages for copyright infringement are usually 3x the normal fee for such use. For example, a outdoor billboard company used an altered version of a photo I owned copyright to. The standard fee for such use (back in the 90s) was $500. So I could have sued for as much as $1500. Instead I settled with them for half as their artist was apparently truly ignorant of the law and did not know he could not do as you suggest - alter copyrighted work and then use it.
Best idea, if you really want to use the photo, contact the webmaster, get contact info for the photographer and contact them for permission. They may give it to you for nothing or charge a small fee sometimes as low as $25-50. However, some outfits, like Geographic, will want hundreds of dollars or more for use of their photos.
Finally just because a work may not carry or display the © symbol does not mean it is public domain. The copyright to all original work, photos, illustrations, even text inherently lies with the creator of the work, regardless of whether a specific copyright has been filed with the government copyright office.
In short, don't do it.
Senior Member
Joined: Apr 2007
Posts: 690
Likes: 0
From: Wisconsin
Yup - just about everything nowadays online has a "all rights reserved" mentioned at the bottom of the page. Just like ours says
"Copyright ©2000 - 2009, Jelsoft Enterprises Ltd. "
When I overhauled the webpage for my company all I did was shoot a formal email explaining what I was going to do where and asked for permission. 8/10 send me e-mails back from some big wig saying "go for it". The other two can f off - we already pulled all their merchandise and sales displays off our showroom floors
I'd find out who had the rights to those images and just formally e-mail them your intents. Heck, 8 times outta 10 it worked for me
"Copyright ©2000 - 2009, Jelsoft Enterprises Ltd. "
When I overhauled the webpage for my company all I did was shoot a formal email explaining what I was going to do where and asked for permission. 8/10 send me e-mails back from some big wig saying "go for it". The other two can f off - we already pulled all their merchandise and sales displays off our showroom floors
I'd find out who had the rights to those images and just formally e-mail them your intents. Heck, 8 times outta 10 it worked for me
Senior Member
Joined: Sep 2007
Posts: 1,512
Likes: 1
From: >wwOwww<
Absolutely you can and likely will get in trouble. The copyright rests with the original photographer - without their permission any use of the photo is copyright violation, even if you alter the image.
If you need art/photos for business there are several websites where you can legitimately purchase royalty-free photos, illustrations, etc. that you can use. www.istockphoto.com is one of these. Prices are very reasonable. BUT you still must read the contract... for example, you can purchase a photo and use it in an advertisement, but you cannot take that same photo and print it on a t-shirt and then sell the t-shirts.
Of course, enforcement of copyright infringement is the responsibility of the owner of the copyright. If you do what you planned and the creator of the art (photographer) never sees it or even if they are aware of it and chooses not to pursue you, then you get off scott free. There are no copyright police who search out violations. Indeed copyright infringement of web based content is grossly widespread. As owner of some copyrighted photography, I have vigorously pursued anyone I find violating that copyright - i.e. using it without permission. If I fail to do so then a court could say I gave up the copyright. I'm not suggesting you try to sneak-by, but it is done. Damages for copyright infringement are usually 3x the normal fee for such use. For example, a outdoor billboard company used an altered version of a photo I owned copyright to. The standard fee for such use (back in the 90s) was $500. So I could have sued for as much as $1500. Instead I settled with them for half as their artist was apparently truly ignorant of the law and did not know he could not do as you suggest - alter copyrighted work and then use it.
Best idea, if you really want to use the photo, contact the webmaster, get contact info for the photographer and contact them for permission. They may give it to you for nothing or charge a small fee sometimes as low as $25-50. However, some outfits, like Geographic, will want hundreds of dollars or more for use of their photos.
Finally just because a work may not carry or display the © symbol does not mean it is public domain. The copyright to all original work, photos, illustrations, even text inherently lies with the creator of the work, regardless of whether a specific copyright has been filed with the government copyright office.
In short, don't do it.
If you need art/photos for business there are several websites where you can legitimately purchase royalty-free photos, illustrations, etc. that you can use. www.istockphoto.com is one of these. Prices are very reasonable. BUT you still must read the contract... for example, you can purchase a photo and use it in an advertisement, but you cannot take that same photo and print it on a t-shirt and then sell the t-shirts.
Of course, enforcement of copyright infringement is the responsibility of the owner of the copyright. If you do what you planned and the creator of the art (photographer) never sees it or even if they are aware of it and chooses not to pursue you, then you get off scott free. There are no copyright police who search out violations. Indeed copyright infringement of web based content is grossly widespread. As owner of some copyrighted photography, I have vigorously pursued anyone I find violating that copyright - i.e. using it without permission. If I fail to do so then a court could say I gave up the copyright. I'm not suggesting you try to sneak-by, but it is done. Damages for copyright infringement are usually 3x the normal fee for such use. For example, a outdoor billboard company used an altered version of a photo I owned copyright to. The standard fee for such use (back in the 90s) was $500. So I could have sued for as much as $1500. Instead I settled with them for half as their artist was apparently truly ignorant of the law and did not know he could not do as you suggest - alter copyrighted work and then use it.
Best idea, if you really want to use the photo, contact the webmaster, get contact info for the photographer and contact them for permission. They may give it to you for nothing or charge a small fee sometimes as low as $25-50. However, some outfits, like Geographic, will want hundreds of dollars or more for use of their photos.
Finally just because a work may not carry or display the © symbol does not mean it is public domain. The copyright to all original work, photos, illustrations, even text inherently lies with the creator of the work, regardless of whether a specific copyright has been filed with the government copyright office.
In short, don't do it.
Was it a real estate agency thar copied your image?
Just curious.
Senior Member
Joined: Dec 2008
Posts: 749
Likes: 0
From: NW Louisiana
Nope. It was an auto dealer. In reality it was the outdoor ad agency who sold space to the dealer, but in a case like that, everyone is 'guilty.' The same image - which by the way I've made a several thousand dollars on over many years, (which is why I protect the copyright so vigorously) was later used by a novelty/sports tie company. A friend who was familiar with my image found the ties selling on ebay. In that case I settled for some cash and a few dozen of the ties that I still give as gifts. In fairness, that company is pretty dutiful about getting proper permissions but somehow they grabbed my image from another source and were unaware of the copyright. But as we all know, ignorance of the law is no excuse and they were not ignorant - just didn't do enough diligent homework.
By I agree with Wrobo23 - in most cases if you just ask you can work something out. I've gladly lent my images and articles I've written to other publications for as little as a publishing credit - if I'm asked. If you take it from me, I'm not usually so obliging. Copyright is one are where it is better to ask permission than to wait and beg forgiveness.
By I agree with Wrobo23 - in most cases if you just ask you can work something out. I've gladly lent my images and articles I've written to other publications for as little as a publishing credit - if I'm asked. If you take it from me, I'm not usually so obliging. Copyright is one are where it is better to ask permission than to wait and beg forgiveness.
Last edited by Smokin Lariat; Mar 8, 2009 at 09:32 PM.
