Copyright question

B
Posted By
bagheera
Oct 6, 2005
Views
591
Replies
14
Status
Closed
I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation? This was just something I did for my own amusement to post on my blog. To see the image in question, click here
< http://archelon.blogspot.com/2005/10/gwb-captain-of-uss-hele na-handbasket.html>.

***WARNING***
If you are bothered by images that poke fun at George Bush, then do not go to this page.

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Jim Hargan
Oct 6, 2005
On Thu, 06 Oct 2005 15:06:05 GMT, wrote:

I’ve recently copied 2 photographs from the web and
blended them together. …
Are there some sort of copyright laws that cover this situation? This was just something I did for my own amusement to post on my blog.

IMHO, this is a copyright violation, not covered by fair use. After all, you are not just making a print of your image and showing it to your pals; you have "published" it. It doesn’t matter that only a few people will see your "publication". And it doesn’t matter that you won’t profit from this "publication". The copyright owner is the sole arbiter of who gets to publish a work. Period. According to FotoQuote, artists who use photographs as a basis for a painting or montage typically pay the photographer a fee of several hundred to several thousand dollars.

The other defense would be satire/parody, but for this to apply you would have to be satirizing the wood figurehead, not Bush. Oh. Never mind.

Jim Hargan
T
Tacit
Oct 6, 2005
In article ,
wrote:

I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation?

Yes. This is a violation of copyright law.

Many people mistakenly believe that if you change a copyrighted image enough, then it’s not a violation any more. This is untrue; anything based on a coptrighted work is a "derivative work" and is still owned by the original copyright holder.

Many people also mistakenly believe that any copyright violation is not a problem or is not illegal if it is not for profit. This is also untrue.

http://copylaw.com/new_articles/copy_myths.html
http://www.keytlaw.com/Copyrights/top10myths.htm


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html
V
Voivod
Oct 6, 2005
On Thu, 06 Oct 2005 16:27:32 GMT, tacit scribbled:

In article ,
wrote:

I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation?

Yes. This is a violation of copyright law.

No, the image is covered under parody and satire…
B
baldycotton
Oct 6, 2005
On Thu, 06 Oct 2005 15:06:05 GMT, wrote:
I’ve recently copied 2 photographs from the web and
blended them together.

Is it possible for anyone in the world to prove you used their photo to make yours? VERY doubtful.

Anyone can take a photo of a ship in a public place and use it for satire. Anyone can take a photo of GW.

NO ONE in his right mind is going to track you down and sue you for copyright infringement. No lawyer in his right mind would take such a case.

I’m no lawyer, but I’m no paranoid photographer either.

The WORST I could imagine is someone writing you and asking you to cease and desist.
E
edjh
Oct 6, 2005
Voivod wrote:
On Thu, 06 Oct 2005 16:27:32 GMT, tacit scribbled:

In article ,
wrote:

I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation?

Yes. This is a violation of copyright law.

No, the image is covered under parody and satire…
Unless you are doing a parody of that particular photo it’s not fair use.


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Comics art for sale:
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S
SCRUFF
Oct 6, 2005
I think someone is going to sue you and the secret service is going to make you disappear.

wrote in message I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation? This was just something I did for my own amusement to post on my blog. To see the image in question, click here.

S
SCRUFF
Oct 6, 2005
"baldycotton" wrote in message
On Thu, 06 Oct 2005 15:06:05 GMT, wrote:
I’ve recently copied 2 photographs from the web and
blended them together.

Is it possible for anyone in the world to prove you used their photo to make yours? VERY doubtful.

Anyone can take a photo of a ship in a public place and use it for satire. Anyone can take a photo of GW.

NO ONE in his right mind is going to track you down and sue you for copyright infringement. No lawyer in his right mind would take such a case.

I’m no lawyer, but I’m no paranoid photographer either.

The WORST I could imagine is someone writing you and asking you to cease and desist.

Come on, let’s feed his paranoia!
V
Voivod
Oct 6, 2005
On Thu, 06 Oct 2005 18:03:29 GMT, edjh scribbled:

Voivod wrote:
On Thu, 06 Oct 2005 16:27:32 GMT, tacit scribbled:

In article ,
wrote:

I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation?

Yes. This is a violation of copyright law.

No, the image is covered under parody and satire…
Unless you are doing a parody of that particular photo it’s not fair use.

He’s satirizing Bush with a parody of a figurehead… you don’t actually believe there’s a real "USS Helena Handbasket" sailing the seas, do you? But hey, what do I know? Oh, yeah.. I know a lawyer who specializes in internet and copyright law and who runs the largest photo manipulation contest site on the net who hosts tens of thousands of images culled from the net, modified, used and protected as parody and satire…
T
Tacit
Oct 7, 2005
In article ,
Voivod wrote:

No, the image is covered under parody and satire…

You can use a copyrighted image to parody *that image*. You cannot use a copyrighted image to parody *a different image*.

This is the kind of issue I strongly, strongly advise talking to an intellectual property attorney about.


Art, photography, shareware, polyamory, literature, kink: all at http://www.xeromag.com/franklin.html
RF
Robert Feinman
Oct 7, 2005
In article ,
says…
I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation? This was just something I did for my own amusement to post on my blog. To see the image in question, click here
< http://archelon.blogspot.com/2005/10/gwb-captain-of-uss-hele na-handbasket.html>.
***WARNING***
If you are bothered by images that poke fun at George Bush, then do not go to this page.
Technically it is a violation of copyright, but these days the web is sort of like the wild west, anything goes.
People "borrow" my images all the time to put into their blogs. Those that copy and paste I don’t even find out about.
Many, however, use an img tag so that the image is fetched from my web site and appears on their page. This is a well established violation of copyright, but finding the offenders and prosecuting is almost never worth the effort.
There will need to be some adjustments to the fair use concept in the near future.


Robert D Feinman
Landscapes, Cityscapes and Panoramic Photographs
http://robertdfeinman.com
mail:
V
Voivod
Oct 7, 2005
On Fri, 07 Oct 2005 14:20:33 GMT, tacit scribbled:

In article ,
Voivod wrote:

No, the image is covered under parody and satire…

You can use a copyrighted image to parody *that image*. You cannot use a copyrighted image to parody *a different image*.

This is the kind of issue I strongly, strongly advise talking to an intellectual property attorney about.

I have… perhaps you missed that post.
K
Kim
Oct 10, 2005
Here’s a good example of a copyright violation… guelph.ca launched in November 2004. Lincoln.ca launched in March 2005.

"Robert Feinman" wrote in message
In article ,
says…
I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation? This was just something I did for my own amusement to post on my blog. To see the image in question, click here
< http://archelon.blogspot.com/2005/10/gwb-captain-of-uss-hele na-handbasket.html>.
***WARNING***
If you are bothered by images that poke fun at George Bush, then do not go to this page.
Technically it is a violation of copyright, but these days the web is sort of like the wild west, anything goes.
People "borrow" my images all the time to put into their blogs. Those that copy and paste I don’t even find out about.
Many, however, use an img tag so that the image is fetched from my web site and appears on their page. This is a well established violation of copyright, but finding the offenders and prosecuting is almost never worth the effort.
There will need to be some adjustments to the fair use concept in the near future.


Robert D Feinman
Landscapes, Cityscapes and Panoramic Photographs
http://robertdfeinman.com
mail:
WD
Walter Donavan
Oct 10, 2005
If you’ll give me a way to do it, I’ll forward my own Bushy George masterpiece (Photoshop Liquify) to you.

"Kim" wrote in message
Here’s a good example of a copyright violation… guelph.ca launched in November 2004. Lincoln.ca launched in March 2005.

"Robert Feinman" wrote in message
In article ,
says…
I’ve recently copied 2 photographs from the web and
blended them together. One of them is of a recognizeable figurehead from a sailing ship, though it has been manipulated in such a way that it is not a complete copy of the original. Are there some sort of copyright laws that cover this situation? This was just something I did for my own amusement to post on my blog. To see the image in question, click here
< http://archelon.blogspot.com/2005/10/gwb-captain-of-uss-hele na-handbasket.h tml>.
***WARNING***
If you are bothered by images that poke fun at George Bush, then do not go to this page.
Technically it is a violation of copyright, but these days the web is sort of like the wild west, anything goes.
People "borrow" my images all the time to put into their blogs. Those that copy and paste I don’t even find out about.
Many, however, use an img tag so that the image is fetched from my web site and appears on their page. This is a well established violation of copyright, but finding the offenders and prosecuting is almost never worth the effort.
There will need to be some adjustments to the fair use concept in the near future.


Robert D Feinman
Landscapes, Cityscapes and Panoramic Photographs
http://robertdfeinman.com
mail:

L
lm
Oct 18, 2005
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Some time back this question came up and someone posted how the use of the ALT 0169 idea which produces the

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