If I took a picture in a particular brand of clothing and alter the picture on my computer and shared it with others as in making wallpaper out of it!?Www@QuestionHome@Com
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Position:Home>Visual Arts> Am I copyright Infrindging?Question: Am I copyright Infrindging!? If I took a picture in a particular brand of clothing and alter the picture on my computer and shared it with others as in making wallpaper out of it!?Www@QuestionHome@Com
Best Answer - Chosen by Asker: Ok there are a couple of different things being talked about here all under the term copyright and many of them have nothing to do with copyright others do!. When you say you took the picture if you mean you physically used a camera to make the photograph then you own the copyright!. The image is yours unless you were in a work for hire situation!. You cannot infringe on your own copyright reguardless of what you do with the picture!. If when you say you "took" the picture you mean you copied someone elses photograph then yes if you do not have permission to use this picture then it is copyright infringement!. Again the photographer owns the copyright unless they have transferred all or part of these rights though a contractural agreement!. The other issues that may come into play is right to image or right to privacy!. If you took the pictures of the person in a public place for non-comercial use then right to privacy is not an issue!. If you take a picture of someone in a place where there can be a "reasonable expectation of privacy" then right to privacy is an issue!. If you are taking the photo for commercial purposes then right to image becomes an issue!. You cannot use someones image for commercial purposes without thier consent!. That is usually done with a model release!. If you make and sell the images for other than editorial uses you really need to have a release Now just to make things a little more complicated you say its of a particular brand of clothing!. They may have trademark rights that could be an issue if the picture was used commecially in a way that infringed on their trademark!. But in your use I cannot see that being an issue!. Your use of the clothes is no more a trademark issue than when Andy Warhol did a painting of a cambells soup can Slander has nothing to do with photos!. Slander is a tort defined as a harmful statement in a transitory form, especially speech!. Libel which also is not an issue here is harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast!. so this tort has nothing to do with copyright infringement and copyright infringement in the US has nothing to do with how many times you circulate it!. The american society of media photographers has an excellent legal page that helps with these issues http://www!.asmp!.org/commerce/legal/copyr!.!.!. and the US copyright office can be found at copyright!.gov !.Www@QuestionHome@Com If you take the picture and it is completely your idea as to how it looks and you are photography yourself, then no!.You are not copyright infringing!. If you have another person in that photo, then you must have a model release signed by them or you will be copyright infringing or if someone else takes the photo, then you must have them sign a release!.Www@QuestionHome@Com er, if i do a shoot in my armarni, does it make a happeth of difference to my images!? i can take photos of anyone wearing anything!.!. so long as I shoot it, and im not nicking someone elses work, and claiming the credit!.!.!. however, if you made some "jeans" and labelled them LEVI, and tried to flog em on, thats copyright infringement!.!.!. if i called them LEEVI's theres no copyright, and no infringement!. Www@QuestionHome@Com Copyright infringement would be if you made PRINTS and SOLD them of your photo manip!. Other than that, no!. You could be sued however for slander if it circulated beyond 1000 people, legally!.Www@QuestionHome@Com If you are using for private use and you are not making any financial gain from it, you should be fine!.Www@QuestionHome@Com mmmmm, i think you will be okay if you keep the brand and any other major identifying marks out of it!.Www@QuestionHome@Com |