Hi, I am not sure if this topic has been
covered before and if it has I apologize in advance. I was wondering
if anyone could tell me the situation regarding copyright laws and
photos. I often see stock photo CD's on ebay for sale containing
thousands of images. If I buy one of these CD's am I allowed to resell
the images as I see fit?. Also, how much do you have to alter an image
before it is then considered your own work?.
I am pretty sure all these people on ebay do
not own the copyright to any of the images, they have just collected
them on mass from different places and are selling them as a package.
Is this not illegal?.
Any input or direction to resources would be
greatly appreciated,
In article <1177116836.983104.53020@y80g2000hsf.googlegroups. com>,
Sniper <snipernest@gmail.com> wrote:
> Hi, I am not sure if this topic has been
> covered before and if it has I apologize in advance. I was wondering
> if anyone could tell me the situation regarding copyright laws and
> photos. I often see stock photo CD's on ebay for sale containing
> thousands of images. If I buy one of these CD's am I allowed to resell
> the images as I see fit?. Also, how much do you have to alter an image
> before it is then considered your own work?.
>
> I am pretty sure all these people on ebay do
> not own the copyright to any of the images, they have just collected
> them on mass from different places and are selling them as a package.
> Is this not illegal?.
>
> Any input or direction to resources would be
> greatly appreciated,
>
> thanks
Probably not, but free legal advise is worth what you pay for it. If
this issue really concerns you, contact your local Bar Associate for a
referral to qualified legal counsel.
In article <1177116836.983104.53020@y80g2000hsf.googlegroups. com>,
Sniper <snipernest@gmail.com> wrote:
>SNIP<
> I was wondering
> if anyone could tell me the situation regarding copyright laws and
> photos. I often see stock photo CD's on ebay for sale containing
> thousands of images. If I buy one of these CD's am I allowed to resell
> the images as I see fit?.
There are too many issues here to cover. Images are copyrighted when
fixed in a medium, which courts have found to be either film or digital
recording medium. So stock photo CDs have copyrighted photos. Whoever
buys a stock photo CD has licensed the use of the photos. I have no
clue what the terms of the license are; they should be in the
description of the CD on eBay or where ever you see them. They often
prohibit resale but allow use for your Web site or magazine - whatever.
If there are no terms given in the description, I have no clue.
> Also, how much do you have to alter an image
> before it is then considered your own work?.
This is a common question, and the answer is, it's a derivative work,
still owned by the creator. It's never considered your own work.
If you read those URLs, you'll see I'm sending you to the US copyright
office, the University of Texas, and Stanford University, not
Wikipedia, answers.com, or other sources. You can read the pages I cite
and have confidence in the materials. Do a search on the UT page for
derivative, for example, and read what the law says.
>
> I am pretty sure all these people on ebay do
> not own the copyright to any of the images, they have just collected
> them on mass from different places and are selling them as a package.
> Is this not illegal?.
If that's what's happening, then it is a violation of the rights of
whoever owns the copyrights in the images. Finding out about it and
tracking down the sellers is difficult.
--
Phil Stripling | email to the replyto address is presumed
The Civilized Explorer | spam and read later. email from this URL http://www.cieux.com/ | http://www.civex.com/ is read daily.
Generally stock Photo Discs are for your use only. You can not resell or
repackage or give them away. For more information on what you can and can't
do with them read the license agreement. Most places are pretty limiting.
Also, remember you are buying the disc, but only a license to use the
contents. You are not buying the contents.
On Apr 21, 2:47 am, "=\(8\)" <nos...@nospam.com> wrote:
> Generally stock Photo Discs are for your use only. You can not resell or
> repackage or give them away. For more information on what you can and can't
> do with them read the license agreement. Most places are pretty limiting.
> Also, remember you are buying the disc, but only a license to use the
> contents. You are not buying the contents.
>
> =(8)
Another similar question. Some famous photos (for example a picture of
the Grand Canyon) can be re-created by yourself, as the locations
where the photos were taken are known publicly (you know, there are
sites where a sign indicates where to get a great photos of a
scenery). You can take the exact image of a famous photo (of course,
it may be under different light conditions). In this case, this photo
is taken by you and perhaps retouched to be exactly like the
copyrighted one. Would this mean that you still violate the copyright
law?
: Another similar question. Some famous photos (for example a picture of
: the Grand Canyon) can be re-created by yourself, as the locations
: where the photos were taken are known publicly (you know, there are
: sites where a sign indicates where to get a great photos of a
: scenery). You can take the exact image of a famous photo (of course,
: it may be under different light conditions). In this case, this photo
: is taken by you and perhaps retouched to be exactly like the
: copyrighted one. Would this mean that you still violate the copyright
: law?
No. If your finger is the one pressing the button to capture the image you
are the copyright holder (until you sell or assign the copyright to
someone else). You hold the copyright to that image but not to the
subject. So if 20 people take the exact same image at the exact same time
each of them would hold the copyright to their image and have no right to
any of the other images taken, even if the images are indistinguishable
from each other. Of course if you take an image that is precicely the same
as a famous image and the copyright holder of the earlier image wants to
bring suit, you may have a bit of trouble coming up with proof that your
image was taken by you if it is a little too exactly the same.
As to the idea of editing, the copyright extends to all of the image and
all of the portions of the image. So even if you use a single pixel of
a copyrighted image it could be concidered a violation (tho it would be
difficult to prove that this pixel came from that source).
Disclaimer: I am not a copyright lawyer, just an interested amature and
thus for precise legal opinion you should consult a copyright law
professional.
On Apr 20, 7:53 pm, Sniper <snipern...@gmail.com> wrote:
> Hi, I am not sure if this topic has been
> covered before and if it has I apologize in advance. I was wondering
> if anyone could tell me the situation regarding copyright laws and
> photos. I often see stock photo CD's on ebay for sale containing
> thousands of images. If I buy one of these CD's am I allowed to resell
> the images as I see fit?. Also, how much do you have to alter an image
> before it is then considered your own work?.
>
> I am pretty sure all these people on ebay do
> not own the copyright to any of the images, they have just collected
> them on mass from different places and are selling them as a package.
> Is this not illegal?.
>
> Any input or direction to resources would be
> greatly appreciated,
>
> thanks
Depends on whether you are buying the disk from the company directly,
or second hand, on eBay.
If you buy it from the company offering it, then their literature
should make it clear what the terms of the "sale" are. Some ARE
royalty free, but what that means exactly are up to the conditions the
seller, who SHOULD be the owner of the copyright, puts on the sale. If
the terms are NOT posted on their site, or in their literature,
contact them and ask for the terms of sale.
> Hi, I am not sure if this topic has been
> covered before and if it has I apologize in advance. I was wondering
> if anyone could tell me the situation regarding copyright laws and
> photos. I often see stock photo CD's on ebay for sale containing
> thousands of images. If I buy one of these CD's am I allowed to resell
> the images as I see fit?
Of course not, unless the holder of the copyright for the image you're
using allows you to.
> Also, how much do you have to alter an image before it is then considered
> your own work?.
None. Which is to say that even if you alter it, it's not considered
your work. Because it isn't.
> I am pretty sure all these people on ebay do not
> own the copyright to any of the images, they have just collected them on
> mass from different places and are selling them as a package. Is this not
> illegal?.
Let's put it this way: It's not legal. Whether it's illegal depends on
the country of origin and/or sale. The real issue is that if you use
someone else's material, and they catch you, you'll get sued.
Well; yes and no. You won't (can't) be prosecuted under those, you'll
be prosecuted under the law in some specific country. So that's the law
that really matters. Also, the case law, which is what establishes what
the words really mean, is all specific to one country or another.
Photography and copyright laws... 
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