Copyright Laws

[Lord of the Poles]

Thanks Russ

[blazerunner121]

i was wonderin, if i pulled up a picture from the internet (lets pretend a picture of tom cruise), and i wanted to use it to draw a charcoal art piece for art class, would that violate any copyright laws?

[belmore]

I think Beccca should put Russ on a retainer, that was informative. Actually, I should do the same, I've copied alot of pix and articles without ever thinking of the legal ramifications.

[Carolina Extreme]

... I've copied alot of pix and articles without ever thinking of the legal ramifications.

Me too. I "sometimes" try to contact people about using the stuff but I can honestly say that I haven't always asked. Oops!

I am not an attorney and do not pretend to be. But I do have a question. If a website or an individual uses pictures/videos/articles for educational and/or informational purposes, and not to make money on it, is it then legally OK to use without permission? Even though you should have asked.

[Russ]

Rusty,

As I mentioned in my long post earlier, there is no simple answer to your question. Whether any given use of copyrighted material is a "fair use" depends on the 4 factors that Section 107 of the Copyright Act articulates. It's really a mnatter of degree. Genreally speaking, if you take only a small amount for non-profit, educational purposes, then you have a decent argument that your use is a fair use. The more that you take, and the more "commercial" the nature of your use, the less likely it is that your use is "fair."

[Russ]

Blazerunner 121:

Given the nature of your use of the T.C. picture (i.e., to use for an art class), I think that your copying the internet photo would be considered fair use (i.e., not copyright infringement). Let me put it this way, if you were to put a black robe on me and make me a judge, I'd call that use a fair use.

[advath]

I ran across a web site one time that was selling sports art work(posters). Many of the posters looked just like photos that I have seen. What I believe to be true in this case is: You can use a photo as a guide to paint by as long as you do not sell it as an original, but you cannot digitally enhance a photo to create a new poster art for sale. True?

[Lord of the Poles]

I believe that you cannot sell other people's works. If it's for non-profit educational use, sure, but if you're taking someone's images, tweaking them like adding words or making them look a little nicer, and then using them for profit, that's illegal.

[vaultmd]

There are also outfits that sell "royalty-free" photos. These are ones that once you pay for them you can do pretty much what you want with them. This explains why a picture of a pretty beach will appear in travel brochures for locations on opposite sides of the globe, or why you see the same happy retired couple walking on the beach in ads for different retirement fund management companies.

[Carolina Extreme]

... This explains why a picture of a pretty beach will appear in travel brochures for locations on opposite sides of the globe, or why you see the same happy retired couple walking on the beach in ads for different retirement fund management companies.

LOL Sorry to change the subject. My mother does a lot of those ads. In one she was in a hottub with a guy she calls her "Day Husband" drinking champain or wine. My stepdad asked, laughing of course, "Who is the guy was with his tongue in my wifes ear?" LOL