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Legal advice - copyright - Graphic Design Forum



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Old 02-07-2013, 09:16 PM ? #1

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Legal advice - copyright


Hello!
Say for instance you took two photographs you found on the internet and took the head off one image and stuck it on the body of the other image, for comedic effect. Then put the image onto the public domain (internet messageboard) do you own the copyright?

What if that image was then printed in a national newspaper - are they allowed to do that without asking?

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Old 02-07-2013, 09:22 PM ? #2

Wait, what?

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To be sure, you'd need to discuss this with a lawyer. I am not a lawyer.

My opinion is that altering images you found online is theft and a violation of copyright. If the 'new' image fell under parody, you might have rights to it. If it did qualify as parody, no one else would have the right to use it without your permission.

Though it seems a little strange to get upset about someone stealing an image you stole in the first place.

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Old 02-07-2013, 09:22 PM ? #3

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What does the messageboard's EULA, terms & conditions, etc., say about who owns posts?

As for 2 photos found on the internet, someone shot the photographs and owns them. They most likely at least are owed a credit cutline.

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Old 02-07-2013, 09:56 PM ? #4

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I wasn't going to pursue it, nor am I upset about it. Was just wondering about the legalities of it all.
Created a photoshop for this site:
www.michelinguides.com

Woke up this morning to see it in The Sun Online:
http://www.thesun.co.uk/sol/homepage...irl-guide.html

And in print:

I laugh just thinking that the poor girl guide next to Michel may have opened her paper this morning at breakfast and spat her cornflakes out when she saw her picture in it!

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Old 02-07-2013, 10:22 PM ? #5

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It seems like it's all very misguided and though you may have a parody case for your usage, the photographers of both original images would have a stronger case.

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Old 02-07-2013, 10:36 PM ? #6

Wait, what?

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If the photographers see it and decide to pursue it, I guess you'll know soon enough.

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Old 02-07-2013, 11:34 PM ? #7

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I'm not a lawyer, but from what I've read about before, the only ones who own any copyright here are the original photographers.

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Old Yesterday, 04:28 PM ? #8

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If that's a National Enquirer type rag, they could easily fall into the Parody catagory.
Editorial rules are different from regular copyright rules. This may fall under editorial license more than parody. It also depends on if the original image was editorial or not.

You can't just go online and grab two photos and make a composite without first asking permission to use the photos. Any work you do after that, the only portion you would hold copyright to is anything added by you. If all you did was the composite, you would own none of it. It's like writing a book where you cite other sources. You own the part that is your observations, the cited part you do not own.

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