Copyright Question
Sunday, April 4, 2010 by Xprojectd24 | Discussion: WinCustomize Talk
Hey, I know I haven't been around in a while, but I had a question.
I had made this photomanipulation a couple of days ago to use with a logon.
Image removed [Jafo] - copyright issue.
I had wanted to upload the logon, but I couldn't find the author for the orignal pic I used. I found the pic on fantom-xp.com, but it didn't have any credits. would I still be able to upload my logon, since it has been significantly changed from the original pic, and I have made an effort to find the author?
Thanks,
X Project
Reply #2 Sunday, April 4, 2010 6:16 PM
In the future, it would be best to type SAMPLE in large type across the image to obscure some of it before you post it. That way in this case there would have been no issue of re-distribution of other people's work.
Reply #3 Sunday, April 4, 2010 6:42 PM
From seeing the orig wall at fantom-xp.com, I can see it looks like all you have done is add a lens flare, how does that significantly change the wall? Just curious.
Reply #4 Sunday, April 4, 2010 8:00 PM
In fact... just by showing it here you have actually already broken the original artists copyright.
which brings up a question that I hope you can clarify for me. I thought that essentially anything posted on the web that is copywrited is identified as such. pictures that are not identified as copywrited are fair game to use. We attempt to give credit where credit is due but even that may not be necessary, although the poster could request a "link to" if you use the picture which would obligate us to do so.
unless of course you're referring only to modification of an original picture and passing it off as your own (I assume the OP wasn't attempting to do this as they were asking first)
where is the line?
Reply #5 Sunday, April 4, 2010 8:31 PM
No, other way around, it must be clearly stated that image is stock image for any use therefore considered open source, if nothing stated either way then it is still copyrighted to the orig. authour.
Reply #6 Sunday, April 4, 2010 9:08 PM
I thought that essentially anything posted on the web that is copywrited is identified as such. pictures that are not identified as copywrited are fair game to use.
No, other way around, it must be clearly stated that image is stock image for any use therefore considered open source, if nothing stated either way then it is still copyrighted to the orig. authour.
what about the wallpapers that we use in our blind presentations/previews?
Reply #7 Sunday, April 4, 2010 9:25 PM
Thanks guys for the quick responses.
since it has been significantly changed from the original pic
From seeing the orig wall at fantom-xp.com, I can see it looks like all you have done is add a lens flare, how does that significantly change the wall? Just curious.
Actually, I spent about four-five hours extending the pic (the hardest and most time consuming part), and then adding lens flare, light beams (need to fix), and then doing color correcting and final ajustments. if you look at the original pic, it is 1024x768. Without scaling up the picture, I made it a 1440x900 pic.
If I can't post the logon without permmission, how else could I find the copyright holder?
EDIT: just to clarify, I wasn't trying to pass someone else's work off as my own. I was trying to find the copyright holder, and/or determine whether or not I could use the photo without permission if the copyright holder could not be found.
Reply #8 Monday, April 5, 2010 12:03 AM
As you see [by my edit] your query has been answered.....yes, it's a copyright issue.
The correct way to locate the copyright holder/owner of the image is to post a link to the source and see if anyone can help you.
If and/or when you cannot locate the owner you will be stuck and unable to upload your version....without violating copyright.
Re the 'manipulation'....try to avoid PS filters [or any other type]....particularly the lens flare. It is almost ALWAYS used poorly.....
Reply #9 Monday, April 5, 2010 12:09 AM
That particular wall is on more than twenty websites through a Bing search, but I think it originated from Webshot originally and you should be able to find the original author there but good luck on permissions as Webshots says no redistributing of their images.
Reply #10 Monday, April 5, 2010 2:46 AM
This is the home of the original image with the author listed. I believe it is for sale but not for republication in the context you desire.
Reply #11 Monday, April 5, 2010 9:08 AM
Just as it is with screen shots, If the wall is obscured enough to where it is very difficult or impossible for the average joe to extract and use, then there is not a redistribution issue.
Reply #12 Monday, April 5, 2010 1:04 PM
thanks
Frankief; nice piece of bird dogging
Reply #13 Monday, April 5, 2010 10:07 PM
This is the home of the original image with the author listed. I believe it is for sale but not for republication in the context you desire.
Thank you very much.
In future, I will be sure to use a watermark to avoid issues like this.
Reply #15 Thursday, April 8, 2010 11:40 AM
Also remember that you can contact the admins and ask questions without posting images to the forums. Jafo doesn't sleep, so I would suggest contacting him. Just remember to include dolphins in your images- he loves dolphins. [e digicons]:karma:[/e]
Reply #16 Thursday, April 8, 2010 12:43 PM
On toast....
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Reply #1 Sunday, April 4, 2010 4:35 PM
No, any kinda of this type of re-distribution -does- require written, specific permission from the original artist.
In fact... just by showing it here you have actually already broken the original artists copyright.