Attn: To all Photography Gurus - Please come in need help !~~~


1FIVEZERO

New Member
Jul 18, 2010
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#1
Hi Fellow Gurus,

I have a questions to ask regards on online image rights...If a picture is post on line when we search for google images does that means we have the rights to use for our own or commercial usage...

Secondly,

What if we can reproduce the exact work and does that consider a infringement of copyright of the original work ?

For example the following picture

$child-patriotic-cheerleader-costume-881835.jpg

If this picture is original from the original photographer...

We decided to reproduce the work ..
1)Print on thick stock paper
2)Die cut the picture
3)Place on white background and do our own shoot creation to achieve the same result

Does that means we have committed an infringement of the original work ?
 

catchlights

Moderator
Staff member
Sep 27, 2004
21,903
46
48
Punggol, Singapore
www.foto-u.com
#2
Hi Fellow Gurus,

I have a questions to ask regards on online image rights...If a picture is post on line when we search for google images does that means we have the rights to use for our own or commercial usage...
NO, YOU CAN"T DO THAT!
you don't own this photo, you don't have permission from the original creator, you don't have any license to use this photo, how can you use this photo for personal or commercial usage? that is stealing, infringement of copyright.
Secondly,

What if we can reproduce the exact work and does that consider a infringement of copyright of the original work ?

For example the following picture

View attachment 2846
Ideas are very hard to be patent,
this is commonly done before, so the original creator can't claims his shots is so unique that he has already registered a patent and no others can do the shots like his.



If this picture is original from the original photographer...

We decided to reproduce the work ..
1)Print on thick stock paper
2)Die cut the picture
3)Place on white background and do our own shoot creation to achieve the same result

Does that means we have committed an infringement of the original work ?
YES, that is infringement of copyright if you use the same photo.

But you are free to find a model, find a photographer, find the similar pros, ask the models wear the cheer leader outfit, doing the same pose and shot it.
like I said, these ideas are not original and can't be patent, you can shoot the same and nobody will come after you.



thread move to Photo Biz
 

Last edited:

catchlights

Moderator
Staff member
Sep 27, 2004
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Punggol, Singapore
www.foto-u.com
#3
Aug 30, 2013
1,310
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#4
hey,

there is a few points to consider

1) if you use the image from internet, where it did not say it can be used commercially, then there is infrigement

2) if you reproduced in your own way of similar to what you found online, some forms of infrigements mah occurred. for example, if a particular action has been used by some particular company in their advertising, and you try to mimick it. if another person after seeing your works, relate it to that company, then there is infrigement.

My suggestions is to contact the owner and seek written approval to minimise chancing of being sue for infrigement. Or check for any information on the usage of their photos/documents and etc.
 

kandinsky

Moderator
Staff member
Apr 26, 2008
3,014
24
38
#5
Hi Fellow Gurus,

I have a questions to ask regards on online image rights...If a picture is post on line when we search for google images does that means we have the rights to use for our own or commercial usage...
Finding an image via google image search, is the same as finding anything else via regular google search. It's just like looking something up in a phone book. You don't get to own it. E.g., If I search for "Singapore Government", and gov.sg appears, does it mean I own the website and domain? Finding anything via a search does not give you any 'rights'.

Secondly,

What if we can reproduce the exact work and does that consider a infringement of copyright of the original work ?
What you've described is basically taking a picture of a picture. If you're taking a picture of a picture for your personal use, nobody will care or know. But if you're thinking of using that commercially, I'm pretty sure that constitutes copyright infringement, and you'll open yourself to being seen as a lazy rip-off thief.

Assume that anything you find on the internet belongs to someone else, unless otherwise stated/proven.

If it belongs to someone, you can only reproduce it with permission, and/or by purchasing a license, assuming it is available for licensing.

You need to always look back to the owner, to see what they allow others to do with it. E.g., If the original photographer has explicitly released their image into the public domain or under a free license, yes, you may do what you want with it, as long as you comply with any required stipulations in that specific license (e.g., attribution, non-commercial, etc.)


http://lifehacker.com/5992419/the-best-ways-to-be-sure-youre-legally-using-online-photos
 

Shizuma

Senior Member
Mar 19, 2012
2,557
25
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#6
Speak with your lawyer. If you don't have one I'll intro you to one I know
 

daredevil123

Moderator
Staff member
Oct 25, 2005
21,660
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lil red dot
#7
TS, you do not need a photography guru. All you need is a lawyer.
 

sjackal

Senior Member
Jul 9, 2008
4,490
10
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#8
btw, for those who shoot often shoot blogshot set up like models in isolated white background.
you might want to be more careful about your set up, as you may infringe the patant of Amazon.

http://www.techdirt.com/articles/20...ainst-white-background-patent-to-amazon.shtml

http://www.theregister.co.uk/2014/0...for_taking_photos_against_a_white_background/
Sir I dont think US Patent work out of USA and the patent granted to Amazon was down to specific details so its actually not easy to infringe and even if so, not easy to proof, and lastly, whats the point unless they can sue huge amount of money from you. Very unlikely. Anyway I think there is an ongoing petition against it now.
 

ellery

New Member
Jan 29, 2002
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#9
1. finding something on the internet does not mean it is free for you to use. Consider it in reverse if some one used one of your on line pictures to make money (commercial purposes) would you be really okay about it ? Legally you have violated the author's copyright.

2. Based on what I learnt in my last place of employment - if you reproduced anything 100% then you are walking on very thin ice- there is some legal cases that point that suggest this is also a violation of copyright. If you create some thing new based on that and for safety sake with some new elements then you are in the clear. Photographically speaking in literal terms there is not that much that is totally original; given the history of it as a straight shot without radical PS some one some time may have gone similar. How many ways is there to pose a person ? I do not understand why you need to reproduce on thick stock and die cut out unless you plan to use the image and now print as a sales tool - then you are kimchi that is infringement.

Hi Fellow Gurus,

I have a questions to ask regards on online image rights...If a picture is post on line when we search for google images does that means we have the rights to use for our own or commercial usage...

Secondly,

What if we can reproduce the exact work and does that consider a infringement of copyright of the original work ?

For example the following picture

View attachment 2846

If this picture is original from the original photographer...

We decided to reproduce the work ..
1)Print on thick stock paper
2)Die cut the picture
3)Place on white background and do our own shoot creation to achieve the same result

Does that means we have committed an infringement of the original work ?
 

JasonB

Deregistered
Jun 2, 2009
871
9
0
#10
If you shoot your own but copy everything or copy the key elements it is still an infringement.

The issue is will you get sue, who has the burden of proof, how much you are liable to pay if you get caught and whats the consequence to your client and your business reputation.
 

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