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Subject:
Copyright issue on an altered image
Category: Reference, Education and News > Consumer Information Asked by: furrylamp84-ga List Price: $2.00 |
Posted:
13 Aug 2006 15:58 PDT
Expires: 12 Sep 2006 15:58 PDT Question ID: 755637 |
I am in need of a band logo to use for my band, on promotional material, tshirts, the website etc. I have found a photograph of an animal on a website which i like. There is no mention of copyright or any other details bar the pictures on the site. I have used photoshop and turned the picture into a greyscale cartoon style drawing (so it looks like a clipart). Am i able to use this for my band, as it is not the original photo, the only thing remaining is the outline shape. |
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There is no answer at this time. |
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Subject:
Re: Copyright issue on an altered image
From: cynthia-ga on 13 Aug 2006 16:07 PDT |
If it is recognizable by the original photographer then it is copyright infringement. Did you try to contact the web site owner and ask permission to use it? If you send the photoshop image you made along with the original image and explain what you did, you will probably get the green lite, as long as it's a personal (not commercial) web site. |
Subject:
Re: Copyright issue on an altered image
From: tr1234-ga on 13 Aug 2006 16:57 PDT |
A few things to keep in mind: Copyright generally attaches the moment a work is created. Neither formal registration nor identification of copyright holder generally required. (At least for most works created in the past few decades or so.) Therefore, the fact that the image you found had "no mention of copyright or any other details" should certainly not be taken as evidence that there is no copyright at all. Also, copyright includes not only rights over the work itself, but also to works derivative from that work. It is certainly theoretically possible that the copyright holder of the image you are using would/could claim that your photoshopped image is derivative of the original and therefore subject to the orginal owner's copyright. A reality is that it's certainly possible that if there is a copyright holder, he/she/it/they may never notice your usage and you'll be able to use your version just fine. But that's a different question then whether or not your usage is legally permissible in the first place... |
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