This article discusses how to minimize your copyright infringement risks by providing practical tips on legally using images. Think about …
- Where do you obtain your images?
- Are you using images that you created, or images created by fellow employees?
- Are you using images you found on a website or on Instagram or Facebook? (See the information below about using images you find on Facebook.)
To determine whether you’re legally using images, consider these two things:
- The source of the image
- Your use of the image
Below are tips and information on specific circumstances in which you may be using images. Also see our Legally Using Images eTutorial.
Are You Legally Using Images?
More and more we’re using images to enhance text-based documents, annual reports, websites and on social media. As a universal rule, most images are protected by copyright laws around the world and you need permission to use an image as-is or to adapt it. Let’s look at some of the specifics surrounding this general rule.
Legally Using Images Under the U.S. Copyright Act
The definition of an image may vary. The U.S. Copyright Act defines images as “pictorial, graphic, and sculptural works” and defines these works to include:
two-dimensional and three-dimensional works of fine, graphic, and applied art, photographs, prints and art reproductions, maps, globes, charts, diagrams, models, and technical drawings, including architectural plans.
Section 101, Copyright Law of the United States
So illustrations, photographs, charts and the like are all protected by copyright.
The full range of rights attaches to owners of copyright in these works. They have the exclusive right to exercise their rights such as:
- Reproducing or republishing the image
- Preparing new images and other works based on the original image
- Distributing copies of the image to the public by sale or other transfer of ownership, or by rental, lease, or lending
- Displaying the image in public
Legally Using Images on Blogs
Does the use of an image on your blog require permission?
Certainly, if the image is part of the design of your blog and/or repetitively used or adapted for your use, you need permission to use the image. If the image is part of a particular posting or page in a blog, you need to apply the fair use factors and determine on a case-by-case basis whether your use requires permission.
Course Materials and Learning Management Systems such as Blackboard
When do you have to be concerned, copyright-wise, about using images in course materials and learning management systems?
Learning material is often enhanced with images. In an academic setting, the application of fair use to using images in course materials, especially one-time/one-semester use of an image in a university course, may be considered fair use. See more information on using copyright materials in the classroom.
Using Images in Libraries, Archives and Museums
Libraries, archives and museums are large users of images in exhibitions, displays and public materials, and of course on their websites and social media. If this applies to you, see our article Legally Using Images in Libraries.
Using Images from Facebook
You can’t download and use images you find on Facebook without the permission of the photographer (or other copyright owner). But, you may think, others are downloading and sharing Facebook photos all the time so how can it be illegal? Although this may be a common occurrence, it’s illegal. You can’t take an image from Facebook and post it on your blog or include it in your book or presentation unless you have permission or that use falls within an exception such as fair use.
Similarly, you should only post images on Facebook with the authorization of their copyright owner, even images of friends and family.
In its Community Standards, Facebook includes a section on Respecting Intellectual Property. It states:
Facebook takes intellectual property rights seriously and believes they are important to promoting expression, creativity, and innovation in our community. […] Before sharing content on Facebook, please be sure you have the right to do so. […] Facebook’s Terms of Service do not allow people to post content that violates someone else’s intellectual property rights, including copyright and trademark.
Facebook Community Standards, Part V, 24 — Intellectual Property
Do You Always Need To Obtain Permission?
There are a few circumstances when you don’t need permission; for example:
- The image you’re using is in the public domain, including a U.S. federal government image. Note that not all government works are in the public domain. The U.S. government can own copyright when someone who is not a government employee (e.g., a consultant) assigns rights to it. See Copyright in U.S. Government works for further information.
- The copyright owner has clearly (and reliably) stated that you may freely use the image without obtaining permission.
- You’ve made a fair use analysis and are comfortable that your use falls within the U.S. fair use provision.
- The image has a Creative Commons (CC) license. Read that license! Does it specifically allow your use of the image? What do the terms and conditions of the CC license permit and is your use within those parameters? Remember to acknowledge the copyright owner.
Consider your best practices to lower copyright risks and how you can incorporate the information in this article into your daily work. Do you have a copyright policy that sets out best practices when using images in your organization?
Additional Rights to Consider When Legally Using Images
In the U.S., the creator of a work of visual art has additional rights set out in the Copyright Act. These moral rights grant an artist the right to have their name on their work and to prevent modifications that may be prejudicial to their reputation or honor.
A work of visual art is
a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author;
Section 101, Copyright Law of the United States
and
a still photographic image produced for exhibition purposes only, existing in a single copy that is signed by the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.
Section 101, Copyright Law of the United States
This doesn’t include a
poster, map, globe, chart, technical drawing, diagram, model, applied art, motion picture or other audiovisual work, book, magazine, newspaper, periodical, data base, electronic information service, electronic publication, or similar publication
Section 101, Copyright Law of the United States
Other items that are not considered works of visual art include any work for hire (i.e., work made in the course of employment duties).
When Do Moral Rights Come into Play?
You need to consider moral rights when, for example, you’re doing any of the following:
- Changing a photograph from color to black and white
- Manipulating a digital drawing
- Omitting the artist’s name from a print or drawing
However, in most countries outside the U.S., authors of all copyright-protected works — such as photographs, drawings, business documents and computer software — enjoy moral rights. Thus, when using images on websites or blogs, you should respect the moral rights of attribution and integrity. This is because authors have moral rights in countries where their works are accessed (if those countries grant moral rights).
For more in-depth information about legally using content plus practical strategies
to stay copyright compliant, see our Copyright Leadership Certificate.
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Hello Lesley,
I was hoping you could help me with a question that’s come up in a story I am working on.
Is altering a company logo by placing a red circle with a slash through it on top of the original image enough to make it a new image? Can someone then post this altered image on their web site, blog or social networking site without infringing the company’s copyright?
I will quote you in the article, if I may.
Thank you in advance for your time.
Sincerely,
Justine Davidson
Whitehorse Star, Whitehorse, YT
Hi Justine, a logo may be protected by either a trade mark or a copyright, or both. Generally, to adapt a logo you need permission from the owner of the original logo. Whether or not the new adapted logo would be a new trademark or copyright depends on the circumstances and really only a judge in a court of law could make that determination. So, adapting the logo without permission is not permitted nor is posting that logo on a site.
Concerning photographs, I have a professional photograph of a celebrity, in which I edited to just a silhouette. Would I be violating any copyright laws if I were to print the image for profit? And are there any gray areas on editing and reissuing copyrighted images?
Hi Erick, you need permission prior to editing or manipulating an image. Adaptation is the right of the copyright owner of the photograph and in some countries that photographer may also have moral rights which protect against modification of a work that may harm the reputation of the creator.
We are trying to put together a photo album for my elderly mother. Some of the early shots of her are professional and have the name of the company. Would these still be protected under copyright laws? The person at Wal-Mart says yes and they won’t reproduce them for us. The newest photo in question is 1956.
Hi Pat, good for Wal-Mart for thinking about copyright issues! I am assuming you are based in the U.S. Under the current Copyright Act, duration of copyright is 70 years after the author’s death, however you should read up on duration of copyright issues in general — see the US Copyright Office publication on this issue at http://www.copyright.gov/circs/circ15a.pdf.
Hi,
I want to reproduce a book cover paper sleeve.the original is very deriorated but I think good enought to be reproduced.my idea is to restore the aspect of the original book which is historical and is part of my personal collection. Is this possible without infringing copyright laws?
@Tony parra Hi Tony, reproducing a book cover requires permission from a copyright holder. It may be possible to claim fair use/dealing if you are reproducing the cover for research or private study. In many countries, there are provisions for nonprofit libraries to make reproductions without permissions for purposes of preservation.
I want to use a photo I took of a politician on a birthday cake. The Bakery say’s it’s a copyrighted image, is that correct? What if I were in the picture now who has the rights?
What is the law about using images off the web in an artwork?
Hello Lesley,
I would like to use a painting dated in the late 1800’s as a book cover. Do I need permission of the original artist’s estate, or has it become public domain after such a long time? The story is based on the cover painting as in GIRL WITH THE PEARL EARRING. A copy of this painting could easily be purchased at art.com or other type of online store.
Hi Mark, the bakery is assuming that all images are protected by copyright unless there is reason to believe otherwise. Who took the photo? Who owns the photo? You will need to make these determinations. Copyright relates to ownership of the image – there may be other legal rights involved when photographing individuals.
Hi Wendy, always assume that online images are protected by copyright. If there is information near the image indicating otherwise, then you may have some permission already given. Also investigate if perhaps the image is in the public domain (in which case you do not need permission.) Thumbnail image reuse may also not require permission in all countries.
Hi Sally, copyright expires in a painting 70 years after the painter’s death (this is the U.S. duration.) Once copyright has expired in the U.S., you are free to reproduce or manipulate the painting in any manner. Make sure that you are using the original public domain work and not an adaptation of it. Also, note that the laws vary from country to country – for example, the artist has a perpetual “moral” right in France to prevent changes to his artwork that may harm his reputation.
Hi Lesley,
I’m shooting a movie with a friend, and there are certain scenes that have posters in the background, and people wearing T-shirts with musicians on them. Is there some sort of copyright law that would prevent me from distributing the film if I didn’t get permission for their use?
I am planning to use some photos I download from the internet (the Carpenter etc) to use in my charity for eating disorder. How can I find out which images are copyrighted and if they are, how do I get permission? Will obtaining permission cost? If so, how much? Thank you, Vlenda
Hi Veronica, assume that all photos are protected by copyright unless it is stated otherwise. You will have to investigate the copyright owner and ask for their permission, then negotiate a fee, if applicable.
Hello Lesley, I am coming at this from another angle. I want to use a photo of a cabin I leased ten years ago on the cover of my book. It was taken from a distance, and the cabin has since collapsed, so it couldn’t be identified today. The owners never lived there — it was my place for fifteen years, but I wonder if I have the right to use a photo of the place I lived in, but do not or did not own?
I earned an award while working for a now non-existent company. The award has that company’s logo on it. Do I need permission from someone to use an image of that award on my resume? If so who? (The company was swallowed up by others.)
TY8E
Hi Jim, a logo may be protected by copyright and trademark law. Generally, you can use a trademark in a manner that does not confuse people into thinking that you are associating the mark with a service or institution. So you can likely use the logo on your resume when it comes to trademark law. There may also be copyright protection in that mark. You may want to apply the fair use criteria to see whether using the logo on your resume may fall under the fair use defense.
Lesley,
For a manuscript I am working on, I need to locate photographs of Hollywood celebrities to use in the manuscript. I located close to every image I will need at one online source, moviemarket.com, but I assume the copyright for the photographs are from varying sources. Every photograph I plan to use would have been taken in the mid 1940s (during the Second World War–the theme of the manuscript). Are the photos for sale at an online outlet like moviemarket.com public domain or does a person have to take each photograph on an individual basis to see who holds the copyright? Any information you can pass along will be greatly appreciated.
Thanks,
Brett
Hi Tom, copyright material in the background of works may be subject to an exception in the law. Check the copyrightlaws in your own country to see whether you can incidentally include an item in the background of a work, or perhaps whether it may fall under fair dealing/use.
Hi Vienda and Brett – you have similar copyright issues. Assume that all images you find online are protected by copyright. Then determine if perhaps any are now in the public domain. Also, read all terms of use within the websites in which you found the images to see if the terms can provide you further copyright information or permission to use the images.
Dear Lesley,
I rented a children’s book at the library and love the drawings in it. I would like to scan and print some of the pictures to hang into my kids room. Is that legal?
Thank you for your time,
Petra
Hi Petra, you do permission to reproduce the drawings in the book, however the defense of fair use may help you out. Check out what fair use means and apply the criteria for determining whether something is fair use to see if your activity might fall within it.
Can I take and use a picture of myself in front of a public golf course to use in my book?
Hi Jon, it depends on who took the photograph and who owns it.
Lesley,
I’m a filmmaker and recently completed a few short pieces for a musician. corporate is giving us some difficulty about a few images seen in the short films.
One is a vintage photograph, black and white, from the 30s or 40s framed behind glass with an old record – like an early commemorative plaque. its sitting on the piano clearly in the shot a few times, but certainly not the point of the film.
The second issue is that we filmed looking through one of those childrens’ viewfinders with an old nature reel inside – one of those circular white discs that rotates one frame at a time when you click the trigger. we then altered the image at least 20% in post to make it look the way we needed it to. is there any issue with the use of this?
let me be clear. we were paid to produce the work. however, there is no additional direct monetary reward for us, the artist or the corporation based on the use of these images in our films. these shorts will live on the internet and have no other intended purpose except to document an intimate live performance.
can you shed some light on these particular concerns?
thanks for your time
Dan
Hi Dan, the best scenario would be for corporate to vet the film for any concern or other concerns. Whether you make money or not is generally not relevant as to whether you need copyright permission. Some countries have provisions for incidental use – for eg, Canada allows incidental use such as a photo in the background, without the need to obtain permission. Also, is your vintage photo still protected by copyright?
sorry. forgot to mention, in case it informs anything, wanted to let you know that the items in question are the property of the artist we filmed and were purchased over the last decade at a variety of thrift stores and yard sales for very little money.
thanks
Hi Lesley,
I’ve written an ebook on TV Westerns of the 1950’s. If I photograph images from my DVD’s can I use these on the book cover without permission? Thanks
Hi Grahame, are the photographs protected by copyright? Using images on a book cover – you would probably want to clear permission!
we are a small record label and we paid an artiste to feature on one of our own artiste track. when promoting the track can we use the picture of the artiste we paid without his permission?
Hi Stan, what were the terms and conditions of your permission? You’d have to return to that to determine what is allowed without obtaining further permission.
Can you take a photo, make a copy and silkscreen it on a canvas to paint? From a book or an 8×10 that was purchased? Movie still, poster, etc that you purchase? Thanks FRED
Hi Fred, if the photo is protected by copyright, you should get permission to make a copy etc.
Hi- a photographer took my photo years ago while I was standing on the street. He has used the photo, without any consent or release from me, on the cover and inside the pages of a published, for sale, book. Do I have any recourse?
Hi Ann Marie, the photograph should have obtained a release from you. Although that is not a copyright issue, it relates to privacy and publicity rights. You should contact a lawyer to contact the photographer on your behalf.
I saw an image in a magazine archive (1960). How possible is it to get the magazine to create posters of the image to sell? Is this a venture I can do on my own for a limited group of people (approximately 100)? Several people have inquired about purchasing a poster-sized image from wherever they can get it. Will this process take days, weeks, or longer, considering the magazine has a considerable national audience?
Hi James, you need to contact the magazine and determine who owns the copyright then you will have to negotiate with the owner.
Hello,
A photographer asked me if i would volunteer to be photographed so she could build her portfolio. After she finlaized the pictures, she gave me two copies of the pictures for me to have as a “thank you” gift. I posted them on a social network and included giving her credit. She asked me to take them down. Do i need to take them down for copyright purposes?
Hi Lizzy, unless the photographer gave you permission to post the photographs, they belong to the photographer and you may not use them, post them, etc. without the photographer’s permission.
Leslie, I would like to display a couple of mid 19th century Daguerreotypes, pre-1850, on a website as part of the history of photography. These particular images will not be reproduced or sold. Do I need permission to do so?
Thank you! Yours is such a great site!
Dave Moore
Hi Davi, the copyright has expired in the Daguerreotypes however any reproduction of the original works may still be protected by copyright, so unless you use the original works or create your own photo of them, you may still need to get permission from the copyright owner.
Hello!
A friend of mine just got married and wants to comission me to do a drawing based on a photograph from the wedding.
I’m just starting out, this is my first “real” comission, so I am not sure how to approach this. Do I need permission from the photographer?
Thanks in advance!
Hello Betty, you need to determine whether the photographer or the couple owns the copyright in the photograph. If photographer, you will need to obtain permission from him.
Hi Leslie
Can I use book cover arts and print it on shirts and sell? Is it legal?
Hi JC, book art is protected by copyright. To reproduce it, you will need permission from the copyright owner. Contact the publisher of the book to determine who owns the cover art.
Hi Lesley,
I have been saving photographs from net for making pencil sketches. would i require copyrights from the photographers if i have to sell my sketches?
Hi Ammu, not a straight-forward answer. If you are merely inspired and getting ideas from the photographs, you do not need permission. If you are reproducing or adapting the original photographs, then you do need permission. This is a question of judgement you will have to make.
I am starting a home-based cake business, but have previously worked at other bakeries. I personally took photographs of the cakes I decorated there, and would like to use them in my personal portfolio. Can I do that?
Hi Jeanie, if you took the photographs outside your employment duties, then you own the rights in those photos and can use them in any manner you want. Note that the designs on the cakes themselves may be protected by copyright which your former employer may own.
Hi Lesley,
I am working on making a coffee-table book of poems each of which has pictures associated with it..for example on a poem called Prometheus, there is a picture of Prometheus next to it…do I need to rights for all pics in my poetry coffee table book or at least to reference the owner of the pic. Since I found most of the desirable pics on Google most of them are not tied to the actual artist. Any advice here?
Hi Butch, unless you have reason to believe otherwise, all online images are protected by copyright.
Hi,
My son posted some photos of his son on Facebook that were taken by his wife prior to their separation. She is trying to get her photography business going. She now says that those pictures are copyrighted and she wants my son to take them down. Is this true, even though they were husband and wife when the shots were taken? Family pictures?
Thanks, Kathy
The wife is likely the copyright owner of the photographs but perhaps there is something in their separation/divorce agreement that reverses this.
I wrote a novel I plan to ebook. I want to use a particular image for my cover. It is a mural by G. Klimt who died in 1918. This mural has been reproduced everywhere but the original is on the dining room wall in the Palais Stoclet, Brussels, Belgium (not open to the public).
The sketches are in the Museum für angewandte Kunst (Museum of Applied Arts) in Vienna, Austria.
Can I use the picture and credit the painter? Or will I have to apply to these two places for permission?
Thank you so much for your help.
Hi Aby, the original mural is in the public domain so if you had access to it, then you could create your photograph of it. However, any photographs of it or other reproductions, may still be subject to copyright and you would need to obtain permission from the photographer or other person who owns the reproduction of the mural.
Can you take a photo of an image on tv and create artwork for sale out of the still image – e.g. create a poster or pop-art of a musician using a still image captured from the tv
David, you may need to look at the fair use/dealing provisions in your own country to see if this fact situation may fall under fair use/dealing, or another exception in copyright law. This is not a yes or no answer.
I am a student at Greenville technical college. At the library I wanted to take a picture of the required text book and corresponding ISBN number for my own use, so that I can try and find a more cost effective copy online. The employee working there told me that because of copyright issues I was not allowed to take a picture of the book. Is this true or is she trying to use copyright as a cop out to make it difficult for students to purchase the textbooks at other locations?
Hi Alex, you cannot reproduce the entire book. However, taking a picture of the cover and isbn for the purposes you mention are likely considered fair use/dealing.
Hi Lesley, I would like to use a cartooned person in an advertisement from the 1930s as “decor” on my resume. Is their copyright on this?
Hi Mathew, best to assume that all content is protected by copyright unless you know otherwise. You need to determine who owns the copyright and if the duration of protection is still on-going. You may also want to apply the fair use/dealing factors to determine if your risk of using the cartooned person without permission is a small or large risk.
Hello, I am thinking of starting a blog with book reviews , I have some e-books and I was wondering if I could open them in my computer with adobe and capture the images of the covers with hypersnap , would it be legal to post those images on my blog?
Thank you
Hi Mary, like many copyright issues, not a clear cut answer. The cover images are protected by copyright however you may be comfortable applying the fair use factors and determining that your use falls within fair use. This is a determination only you can make after examining fair use.
I wanted to draw a picture of Snoopy for my classroom wall. Am I aloud to draw this free hand?
Hi Melinda, generally any reproduction requires permission from the copyright owner. However, you may want to examine fair use and determine whether your use falls within the fair use defence.
Hi Lesley! What if you are using magazine advertisements and commenting on them in your blog? The ad campaign pictures are available on line as well. Is it illegal to use them if you’re commenting on them?
Thanks, Tracy
Hi Tracy, it is possible your use falls within fair use but only you can make that determination after applying the fair use factors from the US Copyright Act.
Can I take an image from google images and make a painting from it if I change it ? If not how does google publish all those images not in the public domain.
Hi Stefanie, always assume you need permission to use an online image unless you have permission from the content owner – even in the form of a note on the image. Generally, Google is indexing and using thumbnails of images rather than high resolution images.
Hi Lesley,
Is it legal to use a Dr. Seuss image obtained from the internet on my classroom newsletter?
If the image is still protected by copyright, then you do need permission.
I was recently comissioned by a deceased artists family to make a calendar using digital images of his paintings. They wish to donate money made from this calendar to a local elders program. The digital pictures are of paintings of dancers from functions during the 1980’s. Several are identifiable to local persons still in this area. The question is: Are we able to produce and sell this calendar without permission from each dancer? Most are unidentifiable to us, but we have been asked if we must obtain permission from each person painted to use his/her likeness in our calendar. We do have copyright permission from the artists family, the current copyright holders. We are in Michigan. HELP!
Hi Wendy, although not a copyright issue, it’s best to get releases from all of the persons in the photographs.
Hi
I’m trying to find out if photos that you have taken have a copyright on them. And if so for how long is the copyright protection valid for?
Thanks
Karen
Hi Karen, you will find your answer in the article Legally Using Images at http://vps7961.inmotionhosting.com/~copyrightlaws/us/legally-using-images/.
I would like to use a photo of my mother’s high school graduation photo.. I am self publishing a memoir and would like to use her high school grad pic in my book. The year was 1964. And the school is no longer a school.. What are the laws to use a purchased photo of a school photo . Not sure who would have taken the photo?? Or how to begin to find the person or company who is/was responsible for the original photo… Thanks
Suzan, the photographer or company that took the photo likely owns the copyright in it. It may take some creative research to locate the photographer or person.
“Lesley -Tuesday 14 August 2012 at 10:35
Hi Wendy, although not a copyright issue, it’s best to get releases from all of the persons in the photographs.”
Even though these are artistic paintings from 30 years ago? We are unable to identify 90% of the persons in these paintings. Could we get into trouble if we decide to move forward with this project?
Hi Wendy again…many permissions issues are a risk management issue you need to evaluate. What is the risk of being caught? What would happen if someone finds out? Remember that you are examining privacy and other issues and not necessarily copyright issues.
Hi, The photographer who took our wedding pictures had a trainee take most of the pictures. We ended up with for example, all the wedding party pictures having another person’s bouquet sticking out in front of me, all the pictures of me and my sisters with one of my sisters entire lower face cut off, people’s purses and cameras and arms and trucks, on top of or in the background of all the key pictures… etc. We have asked the photographer to photoshop and fix just the key pictures (about 10) but he refuses and says he can’t and won’t do it. He says it’s too much work and time and just refuses. We have contacted other photographers that can and will do the work but won’t do it unless we have the photographer’s permission. We now have to try and go back to him to get his permission, but we need to know the legal wording required in any letter we ask him to sign. What is that wording that will allow us to manipulate and make copies of and books and framed pictures of his photos? (we don’t want to sell anything, we just want some useable pictures of our wedding) for ourselves and our families.
Janet, you may wish to approach one of the photographer’s association to see if they can provide you with such wording to assist you. The best scenario is get an assignment of copyright. This all assumes that you do not already own the copyright in the photos.
I have an interesting student journalist who has taken a few photographs of the not-for-profit organization’s events in which we both are the members. He runs a news blog and reports the community news of this not-for-profit organization. I as one of the members of this organization have recently re designed a new web site for it and donated it to the organization. This student saw that I have used a couple of photos from his blog which I found at Google Images and incorporated them into the slide show on the organization’s web site. He became very upset and sent my a nasty note demanding me to remove those photographs that belong to our own organization’s events from the our web site and forbade us from taking anymore photographs from his blog to display on the organization’s site.
Please understand that he has taken the photographs of our org and the org does not have the right to use them without his permission. Is this correct? Should we listen to this guy? What can he do if we did not remove those photographs of our org which were taken by him as being a member?
Thank you for your prompt reply!
Kindest regards
The question rests on who owns the copyright to the images? An employer may own the images made in the course of work by his employee. Just because someone is a volunteer or member of an association does not mean that they forfeit ownership of copyright in their works. See http://vps7961.inmotionhosting.com/~copyrightlaws/us/who-owns-copyright-in-works-by-volunteers/.
I belong to a group that does charity events (food drives and such) dressed as superheroes and star wars characters. One of out group members lives in an area devestated by wildfires and we are trying to think of ways to help the fire fight cause over there. This last weekend 5 of us got together with an Amazing photographer dressed as Batman, Wolverine, Captain America, Captain Marvel, and Pixie (an X-men character) these photos are really very cool. We were wondering if there would be any issues if we sold prints with all proceeds going to charity?
This may involve copyright or other areas of the law – you would be best to clear permission before doing so. That is the cautious approach.
I am commissioned to create a very unique mural inside a building which is open to the public. My original contract reserved all rights of reproduction, but I granted the commissioner a one time limited use to create commemorative postcards, and the commissioner hired a photographer to take a photo of the mural when it was completed and used that for the postcard. NOW, I have been contacted by a book publisher who wants to use a high resolution photo of my artwork for cover art — which I don’t have. If I contact the original photographer for a high res copy, what rights do they have re: copyright, use of their photo of my artwork, etc? And should they be given a credit line by the book publisher?
If you own the copyright to the mural, then you can reproduce it in any manner including by photography. You could take your own photo, or you could contact the photographer and see whether he would be willing to provide you with a high res copy in exchange for credit.
If I want to take images that others have posted on a site like reddit, can I put them on my blog? Are those public use?
Always assume that online content is protected by copyright, unless you have reason to think otherwise.
Hello
If i buy a book, then take a photo of the book, and then make that photo into a large size poster for my own use (hang it on my home wall), is that acceptable?
Thanks!
Hi Esko, book covers are protected by copyright and you should obtain permission before reproducing a book cover and manipulating the image.
Hello Lesley,
We have a small business that fixes electrical components such as game stations, phones, media players, etc. There is an event that is coming up in a week, and our brilliant marketing lady thinks it is appropriate to display a life-size image of the Batman character. This is against the law since it is not associated with our business, right?
Hi Ineka, best to get permission for copyright and other reasons!
do you always need permission to copyright something from the internet.
Assume that all online content is protected by copyright unless you know otherwise. Has the copyright expired? Is there explicit permission on the website that you may freely use the content in any manner?
Can I use purchased collegiate and professional sports decals/stickers on
items(games) that I make and sell?
Hi Sonny, generally if you don’t reproduce something you can use the works without permission at least from a copyright perspective. However, you may need to be concerned about other areas of the law, especially if the decals/stickers have trademarks etc and your products appear like they are related to the sports teams.
Hi Lesley,
I have a small religious painting given to me by a dear older friend who has since passed away. It was her mother’s (from France) and holds sentimental value and I don’t wish to sell it. I think it is either an original painting or original reproduction by a know french Renaissance artist (her mom must have bought or been given this painting more than 70 years ago). Assuming it has some value, can I license the art to a museum for a certain time period and still own the copyright? Or can I license reproductions of the work myself to others and still keep the painting? Although I think it is the only one, what if it is a smaller copy of an original larger painting (if they could even do that back then)? Although I haven’t found anything exactly like it under the artist’s name online. Thank you.
Hi Ginny, copyright lasts for a limited duration. In the US, this is generally life of the artist plus 70 years. So it’s likely copyright has expired in this painting. If so, anyone may reproduce it in any manner. Since you own the painting, you may be able to keep it in your possession and request a fee for others to access it and make reproductions – so you could create a contractual right to the work.
I have an fb fanpage and i’m compiling pictures which are from google images. I write my fb url at the bottom of it Is it against copyright law?
Google images allows you to locate images on the internet. The images may be protected by copyright and you may not use the images without first determining their copyright status, and without copyright permission if the images are protected by copyright.
I have made a drawing of New York City and it includes tons of NY things which includes Empire State Building, Chrysler Building, Brooklyn Bridge, Yankees Logo, Mets Logo, NY Library lion logo. Now I am applying my artwork on bags for sell and the fabric company is telling me that I need to sign a form to say that they have no responsibility of the copyright, it’s on me. Since I need to sign this agreement, it makes me worry that if I really have the right to sell my art work! Please help!!!
Here is my image : http://3.bp.blogspot.com/-B5XdvJ3LKLg/TdCn5EL4XRI/AAAAAAAAAOU/fdkcO4jwshM/s1600/%2560page2.jpg
Generally you can photograph a building in the U.S. that is in a public place or visible from a public place and use your photo in various manners however you may not do so if the building is also a trademark, nor may you use others’ trademarks without permission in a manner that would confuse the public as to the ownership/origin of the mark.
My question is this: I’m in the agriculture business and if I’ve gone out and taken pictures of one of my clients harvesting in the their field upon their invitation, can I use these photos to produce a cover for a manual for my company? Are there copyright issues here?
Hi Kay,perhaps no copyright issues but you should get permission from your clients if they appear in the photos – that would be a release rather than a copyright permission.
I have a question. I had a Realtor take pics of my home. They were posted on MLS and other website. I had a problem with the Realtor and terminated our listing. He never gave me back my cd of pics, so I downloaded them from the public mls and used them on a site advertising my home for sale/rent. He is threatening to sue me saying they are copyrighted. First, my home, Second, they aren’t works of art. He’s just mad because he lost the listings due to incompetence.
Hi Christine, generally the photographer owns copyright in his photographs. Unless you had some other sort of agreement, explicit or implied, the realtor may own the photos of your home.
I am a graphic designer and I have taken a photo of some grocery items for an article to be run in my company’s corporate publication (circulation of about 5,000). Am I allowed to show the brand names/logos of these products since I am not affiliating them with my company, only the content in the article? The article is non-biased and talks about grocery items and not anything pertaining to my company.
Hi Daniel, copyright in a logo can be infringed by reproducing it in any manner; the trademark is usually only infringed when it causes some confusion with the origin/company of the product.
Thanks Lesley. Can you please tell me the difference between infringing on copyright, and infringing on the trademark? From your response I believe you are saying that as long as there is no confusion in origin, I should be ok with the trademark. However, I am not sure how that affects the copyright or if copyright coincides with trademark or acts separately.
Daniel, that’s a longer response. Please do some reading in the US Copyright Office about intellectual property in general, and specifically on copyright law.
hello i was wondering if a background from a copyrighted poster could be used as a company logo? If not how might i get permission to get access to it ?
Hi Clarence, best to get permission from the copyright owner of the posted. Who created the poster? Is there any identifying information on it? You’ll have to investigate.
For fun, I like to pull an image off of the internet, for example a still from the movie “The Incredibles” and manipulate it so the characters in the photograph have the heads of my own family. I have only done this for fun, but now I have friends asking me if I will do something like that for them and they will pay me to create it for them. I’ve also pulled photos from movies like “Toy Story” and done the same thing. Is it against copyright laws for me to profit from using an image I don’t have permission to use, even if I manipulate it so it looks completely different? Thanks!
Hi Erin, whenever I hear the phrase “pull an image off the internet”, my radar goes up. Assume that all online content including images is protected by copyright. Unless you know that the image is in the public domain or have comfortably applied the fair use defence, then you need permission to use the work, even if you do not make a profit from it.
hi! anybody can tell me i have many national geography images and i want upload this photograph on my website without any change. It’s against the copyright law or not ?
Hi Ravinder – assume that all National Geographic images are protected by copyright and get permission.
Hi Ravinder, assume that you need permission to upload any photographs unless you have reason to believe otherwise.
I want to write a book that refers to scenes in the movie, Breakfast at Tiffany’s (Paramount Studios). I also want to use a local artist to sketch some b/w versions of stills from the movie. Do I need permission from Paramount as well as citing them in the credits? And I have contacted Audrey Hepburn’s estate about using her image, but am unsure if the sketches are considered her “image” or simply images of the character from the movie. What are your thoughts? – Thanks!
Hi Anne, you are talking both about copyright issues and publicity/personality rights. I will only focus on copyright. Not straightforward answer-you need to apply the fair use factors and make a judgment yourself.
Can I use images I pull from the web (for example an image from the movie “The Incredibles”) then manipulate with different heads on the characters bodies and sell the revised art to be used on a Christmas card? Thanks 🙂
Hi Erin, this is a question of fact. Read up on fair use and see how your situation may fit into the fair use factors – each situation is unique and only you can make that determination.
Hello. My husband is an artist fine art ( sketching, water color, pen and ink and pastels) is it legal for him to aquire photos and senery from other sources such as books or internet stock photos that are not signed by the artist, or photographer and draw them? For example pictures or paintings of the Last Supper, the Christmas Nativity, celebrity or public figures?
Hi Honey, any works that are still protected by copyright, the artist must obtain permission to reproduce even if in another medium. If a work is in the public domain, then anyone may freely copy and reproduce the work.
Hi there, I’m sure this was covered in the above – I just wanted to clarify this. I am writing a newsletter/internal magazine for the company I work for. This publication is for internal distribution only. I’m hoping to run monthly film/album/book reviews. Where do I stand copyright wise if I want to include a small jpeg of a movie poster/still, album or book cover?
Hi H, it’s possible that your use is covered under the principle of fair use. However, each situation is unique. So you must look at the fair use factors and decide for yourself as to the fairness of your use within copyright law. Ultimately, only a judge in a court could make this determination.
Hi, is it ok to use a company logo to print on to a shirt if u work for that company?
Hi Rachel, your company likely has guidelines on who can use the logo and when and where. Discuss this with your lawyer or marketing department.
Hi, just wanted to know if I saved wallpapers from an App Store or anywhere else on the Internet – would I be able to use the image on printed t-shirts for resale?
Thanks
Hi Patricia, it may depend on the circumstances. What is the wallpaper? Is it a work protected by copyright? Are you able to save the wallpaper on your computer without permission? That doesn’t necessarily mean that you can use the wallpaper in another circumstance such as on t-shirts.
Hi Lesley, I am a creative professional that makes promotional material for urban music artists. Part of that is creating album covers for mixtapes. There is no commercial aspect as I do not sell the mixtapes they are freel to the public. However, I sometimes use images of models in my work. This could be print, glamour, or fitness models. I would extract them from the original works then add that to my design. This is a practice done by many others promoting mixtapes. Am I wrong for following suit? Can you give provide a link to a good article explaining fair use for images?
There are many articles explaining fair use for images. I frequently mention a new one on Twitter @Copyrightlaws. You are on the right track. By understanding fair use, you will know when and if you can use images without first obtaining permission.
I wish to use parts of paintings from art history to collage/manipulate into my own artworks. is this practice allowed and if so is there a site I can go to where there are images for such a use?
Hi Gay, on the copyright aspect, you can use parts of works if those works are in the public domain. For works still protected by copyright, fair use may apply. You’ll need to study up on just what fair is and when it may apply to your situation. Each situation is unique so you’ll have to make that judgment. Some countries do have a special provision for collages. The U.S. does not currently have one.
Hi can you help us please , we want to create a diary with retro film posters on the cover e.g. Casablanca then on sell the diarys. Can we use the images of the posters off the Internet or will there be copyright issues?
Hi Beanie, you should always presume that images including posters on the internet are protected by copyright. So check each poster and see whether perhaps there is an exception to this presumption eg the work is in the public domain, or perhaps the copyright owner is allowing certain uses without the need to obtain explicit permission.
Hi,
I’ve recently discovered that a major television network has used my book cover for their show’s promotions; their version is almost exactly as mine, approximately 90%. Additionally, they’ve also used my book title for this show but changed the subtitle. The book itself has been copyrighted for many years and was a media hit when published, but I never copyrighted the cover seperately. Am I protected?
Thanks much
Hi Glenn, your book cover should not be reproduced in whole without your permission. There are some exceptions to this rule. You may wish to contact a lawyer to discuss your options.
I read a lot and I would like to start a blog where I write reviews on the books. Am I allowed to post a picture of the cover of the book?
Hi Christina, the artistic works on book covers are protected by copyright. Generally you do need to obtain permission to reproduce the covers. However, you may have implied permission in certain circumstances. For example, if you obtained the press material for the book which included an image of the cover – this is not a sure thing and you are best to get permission from the publisher to be certain.
I want to use images from the internet for my blog without infringing on copyright laws. I heard somewhere that if you alter 7 elements of an image, it is legal to use and share…is that true?
Hi Elle, no such rule in the copyright law of the U.S. or Canada.
Hi Lesley, I’m putting together a marketing magazine to send to prospects. On the cover I would like to use an altered photo of the target companies CEO. If I alter the image I have and turn it into a graphic, can I legally use it?
Hi Fran, you need permission to use the image, as well as permission to adapt it.
. I am a professional photographer that recently moved away from fashion and commercial photography to artistic photography. Currently I have a show in Wynwood Miami called “Concrete Perspective” the show is composed of highly manipulated images of several structures among them the notable Miami’s 1111 Lincoln Road parking lot. The property managers have recently sent me letters claiming I have infringed on their Copyright- Teademark and Patent rights. Seems quite far reaching as I cannot even think of how an artistic limited edition of three can do all that.
What do you think??
Hi Hester, although this is not a legal opinion, in copyright law generally you are able to reproduce a building in a public place. Sounds like you may need a lawyer to examine the various areas of intellectual property and strategize on how to respond to this serious claim.
Hi Lesley,
I just heard about FB shutting down a page because of using images not belonging to them see here: http://thenextweb.com/facebook/2012/10/05/facebook-confirms-it-shut-down-the-cool-hunters-facebook-page-over-copyright-infringement/
What is the legal way to share images on FB without violating any laws or FB TOS? I think it’s very confusing,
thanks
Hi Yaz, assume all photos are protected by copyright and get permission to use them on FB and elsewhere.
I recently started a party planning business here in Toronto, Canada where we do hockey parties using vintage and new table hockey games. For most of my games that I use for our parties, I built replicas of NHL arenas, all accurate from the sponsors on the boards, current names of all the players to the signage on the ice. I DO NOT SELL the games modified this way since we are strictly a party company but I do use them for parties and events. What kind of permissions would I need if necessary or since they aren’t being sold commercially and I am not a retailer, am I safe?
Hi Glenn, generally board games are protected by copyright. You could use the vintage and new hockey games without reproducing them for any purpose however it is possible that elements of them are protected by copyright or trademark. That’s something you’d have to investigate depending on the games you use – check for any trademark or copyright markings to start.
Hi Lesley, I’ve heard lots of people say that is you redraw a published diagram you are not in breach of its copyright, how true is this? I guess there has to be an amount of difference… i.e. tracing it is not likely to be differnet but if it is redesigned and altered in layout would that be differnet?
Reading your points above, if a photo is taken of the diagram isn’t that then my copyright and I can do with it as I please?
Thanks, your help is great in this complex area!
Hi Susan, not a straightforward matter. Reproduction by hand or by a camera or scanner is still a reproduction. So it becomes a question of fact – are you copying the work or just using insubstantial portions or just being inspired by it?
i have my own private label of air fresheners and i want to give a little more life to the background of my labels by using images that i found searching on google images. if these pictures nowhere say copyright or have a trademark sign, can i use them to be placed on my labels and market these with these pictures?? i dont want to violate any laws but on the pics nowhere is there a copyright or trademark sign. please help.
Albert, in terms of copyright, always assume that images found online are protected by copyright. Unless you know otherwise, you should obtain permission prior to using them.
I have a question about software that I have developed. I am creating an on-line resume and would like to display images of things I have created. Is this okay if I am not displaying any images with real data (or personal or business data) on them. Also, if the screens have images of their logos, would this be an issue. I have always keep copies of my work for future reference and I think displaying my work to a potential employer gives them a better picture of my ablitlies sent I develop user interfaces.
Hi Scott, you raise several issues. I’m not sure what kind of images you are displaying and who owns them. If an employer or client owns the images, then you do need permission to display them. There is no specific exception for an online resume even if the images are not being used in a commercial or competing manner – your employer/client may be happy to assist you.
Greetings, I did a painting of an urban landscape two years ago and and it was purchased in a gallery by an interior designer. The designer resold and placed it in their clients home. I recently discovered the painting in the background of a scene in a retail catalog; in two preceding publications and their online website. The designers name was credited in the catalog but I (the artist) was never asked permission for the paintings image to be reproduced. I did not sell the copyright to the designer and I don’t know if anyone even contacted the gallery for permission. My question, is this a case worth pursuing? Thank you.
Hi Chuck, if the facts are as straightforward as you present them, you should contact a lawyer. Depending on where you live, there may be a legal advice service in your area that will provide you with some free advice and/or access to a copyright lawyer at lower fees.
My question is about a banner i made using Photoshop from a video found in YouTube. What i did was combined a few screenshots from the video which formed a panoramic view of the city, does this mean i still have to ask the owner of the video to use it?
Hi Jorge, no exact answer to your use. If it was an insubstantial amount you used, then you do not need to clear permission. You need to make this judgment call by examining both the amount used as well as the exact portion used (whether it was a very relevant part of the original video.
I posted a couple of pictures I took with my camera to my facebook that a person copied, printed out and showed to other people. Is this legal to do without my consent or knowledge?
Robin, unless you indicate otherwise on your FB page, the content you post there belongs to yourself and should not be used without your permission.
I am creating an ebook for resell and wish to use website snapshots w/links to select web site. Would the use of the images be considerd fair use or would I need permission from each company?
Hi Debora, whenever fair use is a factor, you need to examine your particular facts. First, does your use fit within one of the purposes (or a similar purpose) to those in the fair use provision? Second, consider applying your facts to the fair use factors. Only you can make this call.
I’m photographer that post a few pictures on a website.
What is the best type of copyright for the photos?
I have heard of watermarks, custom copyright logo and spending $$$$ to get copyright protected from 3rd party.
I’m looking for a way to share my photos and keep from having the photo stolen.
Hi Patrick, not an easy answer. You may want to register your works with the US Copyright Office and you may post them in low resolution with a link for easy permission from you. You may also want to post copyright information on your site so people understand that they need permission to use your photos – some people think that any images online are free for the taking.
My brother had work done on his motorcycle but the service was completely horrible with a lot of confrontation and arguments. The bike looks amazing but the owner of the company wants to use a photograph to advertise my brothers bike, my brother refuses to give him his permission to advertise his bike, can he still advertise with out my brothers permission?
Hi Jorge, unless the company is reproducing a copyright work, they do not need permission. If you brother is in the photo, they do need a release from him for using his image.
I am designing book that pays tribute to a british singer, my book will feature the artist’s album covers. How would I go about getting permission to do this? I don’t expect to do anything big with it, perhaps sell a few copies to close friends.
Hi Christian, you’ll need to contact the producer of the album to obtain permission or at least investigate who owns copyright in the cover.
I am wondering if I take a picture of a person and want to put it on my blog is that legal? I believe any picture taken from a public space (i.e. public park or sidewalk) is legal, but I am wondering if I took a picture of a person, let’s say at a concert, and their image was posted to my blog along w/ a description of the encounter, would there be any issues with this?
Hi Terry, these are not copyright issues; please do the appropriate research to answer your question in terms of privacy rights, publicity and release forms for photographs.
What about books on a bookshelf with the titles showing? What about a poster on the wall in a room shown in a movie? What about an image of a painting by an old master taken from the image of a book cover?
Hi Michael? What about them? Please clarify your question.
I took photos of my 3 year old grandaughter and another of 2 family members. I took them to a large retail store and used their machine to order them printed on canvas. I picked them up & paid for them only to return today and see they printed them again and are displaying them in their photo department. Is this legal?
Illegal and perhaps unethical too! Not to mention privacy rights.
Several years ago I built a website for a friends home cleaning business. She is also a Shaklee distributor. She supplied me with an image bearing a Shaklee logo that I assumed was promotional material provided by Shaklee. Now as the web developer I have received a notice from the legal department at Getty Images that I’m in copyright violation and they want almost $900 and immediate removal of the image.
This falls under the category of “no good deed goes unpunished”. I did not charge my friend for building the site it was something I did as a favor. I have removed the image from her website. But, am I really responsible for payment to Getty images for these charges?
Hi Gregg, in the future, make an enquiry should someone be using a copyright or trademark that belongs to someone else. Best to speak with a lawyer or Getty Images yourself and negotiate something that is fitting for the circumstances.
A woman in my neighborhood took pictures of several people, including myself and my son. She included these pictures in a book she created and is selling online. I did not know she would be using these pictures and I’m not sure what to do… Thank you, in advance, for your response.
Hi Roxie, your own image is not protected by copyright however you do have certain privacy rights in that image and a photographer should obtain a release from you before photographing you and distributing those photos. Talk to the photographer and if necessary get some advice from a lawyer how to stop the use of the images of yourself.
I want to photograph two lego men to put on a poster. The lego logo wouldn’t be included, just the product. Do I need to obtain permission for that?
Hi Rebecca, that’s a question that should be examined in light of laws other than copyright laws too. I am hesitant to say go ahead and do that if you are putting them on a poster for sale or other use. I would not be comfortable responding to this question without further research into other areas of the law as well.
My friend paints and does bodywork on cars. I have photographed the cars with owners permission for my friends website. Do we need owners approval to use these photos and what are our limitations with the photos, ie making limited number of posters.
Hi Dave, any original paintings are protected by copyright and you’ll need permission to photograph or other reproduce the paintings for eg on posters.
Can images be used for editorial purposes such as for illustration purposes. Example: Britney Spears takes a picture wearing Prada and the articles refers to Prada and uses her image as an illustration or we do an article about saving the world and reference the picture of Michael Jackson with his ‘Heal the World’ album?
Please advise
Thank you
Hi Laraine, generally you need permission to use images for editorial purposes, unless your use fits within the fair use provision.
I am a jewelry designer; in my designs I occasionally am asked to produce a specific team logo or name piece of jewelry. If I print out pics of the logos and use them in the jewelry and sell it or wear it myself, is that legal?
Hi Mariann, a team logo may have copyright and trademark protection in it. You cannot reproduce a copyright work without permission. For a trademark, you don’t want to cause any confusion as to the origin of that mark. This is not a straightforward answer and to err on caution, I personally would not do so without permission. But you may want to get a legal opinion on this; many cities have free legal advice clinics for artists and you could contact one of them.
Hi. I have a question….would it be legal for me to scan map pages from a 1939 atlas & then use those images (altered) in pieces of artwork that would be for sale? It looks like copyright was renewed. Am I correct in assuming I would have to figure out who at Rand McNally to contact?? I see many sellers on etsy making map images into fabric & artwork & am wondering if they could all have possibly received permission to do so?
Thank you SO much in advance for your reply.
Hi Megan, your first task is to determine if copyright still exists in the maps. If so, who is the copyright owner? You can then seek to obtain copyright permission. In some circumstances, you may choose to make a fair use analysis and see whether your particular use falls within the fair use defense.
Hello If I draw freehand/trace an image from a website and then use the image on invitations that I would sell on is this illegal?
Hi Anshu, reproduction by hand or by “machine” is still a reproduction. Are you make a reproduction or are you inspired by the image? There is no copyright in inspiration or ideas, just reproductions themselves.
I want to use some images from a video game on a deck of custom cards I am creating to give to a friend. By pulling these images from the internet and putting them on the cards am I violating any sort of copyright on them?
Hi Andrew, always assume that copyright exists in any images you find online or elsewhere. So assume you need permission unless you have reason to believe otherwise. You may also want to keep in mind the defense of fair use.
Hi Lesley. I am working on creating a product that I plan to sell on Teachers Pay Teachers. It is all about teaching beginning, middle, and end, and I am using children’s poems, fairy tales, and stories. I have been hand drawing the images. For the poems and fairy tales the drawings are completely original. For the children’s books, I had planned on drawing some of the pictures found in the book (basically reproducing the illustration with my own hand). I have tried to contact the author but have had no response. Can I use my drawings in the product, or not?
Hi Karen, unless your use falls within fair use, you need permission. Just because the author has not replied does not provide you with that permission.
Hi Karen, reproducing an image even reproducing it with your own hand still requires permission – unless you are just inspired rather than reproducing the underlying image.
Hi Lesley thanks so much for your reply. I am inspired by the images and not using them exact for exact, for example im translating photographs to drawings.
Gday Lesley – i had several photos on a blog that i personally took – i recently found out the photos were copied from the site and used on a book cover as well as within the book – 1. is this legal 2. under what law(s)is or is not 3. anyway i can have the author remove them without any lawyers etc?
Hi Colton, unless you provide permission no one may use your photos without your permission. Start by reviewing your legal options in the country in which you live. And you can certainly ask for your photos to be removed and not uses in any manner without your permission – you do not need to retain a lawyer to do so. A lawyer at some point can provide you with various options to secure your rights.
Hi,
Is it OK to scan a graphic image that you find interesting and then manipulate it to create a new work that is definitely not “substantially similar”? The law seems to prohibit “copying” and scanning is certainly making a copy. However, I’ve read that even if “copying” has been proven, if the final work is not considered “substantially similar”, then the copying in and of itself is NOT an infringement. Please clarify.
Thanks.
Hi William, sounds like you are on the right track. What is “substantially similar” is a question of fact so I cannot answer for you. Only a judge could apply your particular circumstances to the facts at hand. Reading similar cases may assist you in making this judgment call.
I have hundreds of post cards from 1909-1960 mainly depicting small-town streets, historic buildings,etc. Is it legal to enlarge these to 11″x17″ and sell the prints for $5.00 each?
Hi Kaye, enlarging a work may be adapting it and you may also change the “quality” of the work and potentially harm the rights of the creator of the postcards. You need to determine if the postcards are still protected by copyright. And also depending on what country you are in, you may want to read up on moral rights (part of copyright law.)
If I find an image(no words) that is being used on a website and use it to manipulate in photoshop changing colors and style to create a new image. Do I still need to obtain permission?
Thanks
Hi Jamie, you need permission to adapt and manipulate an image (unless you are certain that the image is not protected by copyright.) Always assume that online images are protected by copyright until you investigate further.
Hi.
I’m a poet from London with. A first collection due next year. I’m looking to get an image form the animator Jan Svenkmajer as a cover image but am unsure as how to proceed. Could you advise? Many thanks.
Hi Graham, contact the animator or his agent to obtain permission.
May I ask a question. If I take a photo of a painting in a gallery, or a sculpture etc. (assuming that I have been allowed to take the photo) can I publish the photo I took online without permission from the gallery/artist/owner. It would be a non-profit use so not for a book or any other commercial use. Thanks.
Hi Debra, is the painting or sculpture protected by copyright? If so, you need permission to reproduce it in any manner (unless perhaps you could determine that it falls within fair use under the U.S. Copyright Act – assuming you are in the U.S.)
I help prepare case studies/poster presentations for those doing research. Can an image/photo be used from internet “images” on a poster presentation, without permission but only citing the article from which is was taken.
Thank you
Faith, most images found online are protected by copyright. Assume that all images are protected and that you need permission unless you determine otherwise.
I am thinking of starting a new business doing children’s party bags I was looking at “themeing” them so for instance getting a picture off google of say peppa pig or minnie mouse and printing it out and putting it on the front of a paper bag with a message saying happy birthday to sell with sweets in, would this be breaking any laws as I don’t understand if this would be classed as any copyright as I see on eBay a lot of people sell these? Any help would be appreciated
Hi Dee male, if you are reproducing the images in any manner, then you may be using a right within the copyright law and may need to obtain permission. Adapting a copyright protected work may also require permission from the copyright owner.
I have purchased numersous containers of photographic slides from a local estate sale company. It is legal for me to display scans of these images on my website? Is it legal to restore and/or enhance the quality of the scanned image? Is it legal to sell the scanned images? Some slides were purchased from the estates of deceased persons, others I was not aware of the circumstances. Last of all, some of the purchases are prints not slides and so I have similar questions. Help would be greatly appreciated. Thanks!
Hi Mark, I assume that you only have the actual physical slides and not the copyright in the slides. So you ask the right questions! How old are the slides? Are they still protected by copyright? Are you able to find the copyright owners (even if you cannot, you are still obligated to try and not permitted to use the slides without permission.)
Hi, I would like to use a photo that I took myself to use as a cover image for my forthcoming book. My concern is that the photograph is of two older photographs outside in a park. Do I need authorization from whoever holds copyright over the two older photographs? Thanks,
Hi Catherine, if the two older photographs are still protected by copyright, you do permission to photograph them and include them in your book cover.
Hello Lesley
I have been asked to submit some original photo images for possible inclusion in a documentary video that will get international viewing. What copyright measures do I need to put in place with the producer/director so that I retain ownership of the images. Also do I need a contract of some sort?
Many thanks
Hi Chris, if you are a self-employed photographer, then you will continue to own your photographs unless you assign them in a written contract to someone else. That being said, best to have an agreement with the producer clearly stating that you own the photographs and will continue to do so and that they producer only has permission to use the photographs in the manner you agree to.
I’m a fiction writer and trying to figure out the ins and outs of cover art. If I take a photo, do I have the right to use it as cover art? Does the answer change if the picture is of a castle or something named compared to a tree or random nature shot without it being somewhere famous like the Grand Canyon?
Hi Jeremy, cover art is like any other use of a copyright work. If you can take a photo without permission, then you can use it the photo where you like. Be cautious however with releases for people in photos. You can take photos of nature etc without permission. Generally, you can take photos of public buildings but if it’s famous there may be trademarks and other rights involved depending on how you use that image – that’s a bit trickier.
Lesley, thank you for your response to my question on Tues 19 Feb 2013 at 23:32 regarding slides and prints I purchased from an estate sale. The discussion begs the question of then, how is an estate sale company allowed to sell the photographic slides and how are antique shops allowed to sell photographic prints in their booths without copyright which I assume most of them do not have? Thanks!
Hi Mark, one can sell the prints without selling the copyright in them. However, by selling the prints or owning prints, one does not have the right to reproduce the prints.
Hi there,
just stumbled across this whilst looking for something else…
As a photographer and picture framer myself, i can see the plus and minus in this copyright issue. Where will it end? It will soon be illegal to photograph anything!!. I remember the furor with ‘The Kissing Couple’ in Paris, the Cartier Bresson image, someone thought it was their mother or something!!!
I would agree with the fact that ‘fair use’ and also ‘common sense’ should prevail in all things in life. My belief is always ask before you use any image its common courtesy which is missing from the majority of our society today.
If someone approached me to use an image for non-profit, i would agree on the basis i was fully credited for the image, with links and all sorts, after all its good free advertising!!
Rant over…!!
I have created a drawing of a retail area in my neighborhood. The artwork includes some big name retailer signs and logos. If I sell prints of this artwork, do I need to be concerned with copyright at all?
Hi Bebert, you are likely safe if there’s no confusion as to the origin of the logos/brand names, etc. As for copyright in the signs, you may have a fair use defense.
Hi there,
I’m an amateur graphic designer, and am in year 12 at the moment, currently photo-manipulating for recreation and school work. But I would like to start doing official album art designs for local bands that need them, I use Photoshop to take existing images from the internet and manipulate them into my own creation, containing many different images which form an entirely new picture. I am struggling to find information on whether I can do this without getting permission from the original sources/artists.
Basically what I want to know is, am I allowed to photomanipulate without getting permission for every single image contribution, if I state somewhere in the album production information that I don’t own the rights to any of the images in this manipulation, only the overall album cover???
Any answers and information much appreciated, thanks.
Hi Lisa, you are reproducing and adapting images so you do need permission to do so.
Hi Lesley,
I am making a video for an associate, who is using it to educate friends, family and colleagues on his contributions to the advertising industry. Since there is a good chance he will be posting it online, I am wondering if it would be in fair use to use the following:
–Historical photographs
–Still images from a motion picture
–Corporate logos (Nike, Chrysler, etc)
–Government logos (NASA)
Thank you!
Nick
Hi Nick, only you or a judge in a court can make a fair use determination. Go through the 4 fair use factors and see what you decide.
Hi Lesley,
I am wondering about using old advertising as a t-shirt design. There is a old hotel ad that is painted on the side of building downtown. The hotel that the ad is for is no longer around. Would it be OK to use a photo of the ad? Should I get permission from person who owns the building that the ad is on?
Thanks,
Pete
You need to determine who owns the ad…the painter or someone else? Then approach them for permission.
Hi I am an glass artist and would like to take mathematical charts and scietific charts and landscaping maps and take them mostly as is without the grids and translate them into glass artworks. Do I need permission to do so & how do I obtain permission?
That may be considered a fair use – go through the fair use 4 factors and see if you determine that fair use applies to your situation.
Hi’
Will I violate peoples copyrights if I hire an artist to make illustrations from copyrighted photos of fish I find on the internet for use in a children’s novel? What if the images are changed a little?
Thank you.
Hi Trevor, best to do a fair use analysis and see what you come up with!
I am in a band and we would like to use a photograph of a record store in our album cover. We have permission from the store itself but do we need to get permission from all of the people who produced the artwork for the records on sale in the record shop which are on display.
Hi, i cannot seem to find any information regarding Little Golden Book image copyright laws. I am currently making gift cards and other paper items, using the original pages from these and other vintage books, stating so on the back of my item that it is the original. So if it is the original page from a book, does this break copyright? many thanks.
Hi Lesley,
I have a fashion label and would like to use the artworks of an artist on clothing.
I brought the artists prints online from art.com , does this mean I am able to use them? Or I still need permission from the artist?
Your help is greatly appreciated.
Hi Lesley,
Thanks for all the information. I’m a musician thinking of using a photo of 3 musicians standing in front of an Artwork for a the cover of my new CD. Do you think I need to get permission for that?
Thanks!
Hi Lesley,
My husband is an amateur photographer looking to sell his photos as stock photos. We recently were on vacation and took some photos of our cruise ship which came out really nicely, and we’re preparing to send a bunch off to the US Copyright Office. My husband would like to use some of them, as the shots overall are great, but should we be concerned about the presence of the company/cruiseline name or logo, or ship name being visible in the photos? Would the presence of these things in the photo (where they alone are not the obvious focus of the photo) prevent us from successfully copyrighting and subsequently selling our photos?
Hi Serena, your question may go beyond copyright and include trademark and other areas of the law. The general rule is that if someone might be confused with the use of the logo or company name in that your husband were associated with it, that could be an issue – so it may depend on the photos and what you do with them. Although you may be able to register your photos, the cruise ship company may still try to protect its name.
Hello,
I am a manager at a movie theater. I have placed a TV in my box office area and display the movie times through a PowerPoint slide show. Would it fall under “fair use” to place a picture of the movie poster on the screen to go along with the title and times?
Hi Karen, whenever someone asks me if their use is fair use, I cannot specifically reply! Fair use must always be decided by the person using the work. Look at the 4 fair use factors in the US Copyright Act and make that decision for yourself. Each case must be decided on its own according to its specific circumstances.