Image 'May be subject to copyright'?

Kent Brockman

Would appreciate some info on this if anyone knows:

When the message "This image may be subject to copyright" appears beside a picture/ clip-art on the net, how do I find out if it is or isn't copyrighted or under what terms it can be used?
Thanks

Kent Brockman

Possibly not in the right section, could a mod please move to the digital Art & design forum?
Maybe someone there will know.Thanks

looksee

Are you are using images for print and for profit (as your sig suggests)?

First obvious thing is that the vast majority of web images are not suitable for print as they are too small.
After that, images that other people want to copyright will be watermarked or there will be a statement on the source site. In that case contact the site and see if they are for sale.
Other images - its hard to say as the site where you find them might not be using the image legally themselves, so they cannot give you permission to use it.
The safest way is to work the other way round and find sites that provided copyright-free images. Even then they might only be copyright free for personal as against commercial use, and they are often not great quality.
If you want to be legal, responsible and safe, go to one of the sites that sells images and buy what you want. I always found it was cheapest to buy one of the sets of images within a certain topic, you can then use them any way you wish in any quantity.

PCPhoto

looksee wrote: »

Are you are using images for print and for profit (as your sig suggests)?

First obvious thing is that the vast majority of web images are not suitable for print as they are too small.
After that, images that other people want to copyright will be watermarked or there will be a statement on the source site. In that case contact the site and see if they are for sale.
Other images - its hard to say as the site where you find them might not be using the image legally themselves, so they cannot give you permission to use it.
The safest way is to work the other way round and find sites that provided copyright-free images. Even then they might only be copyright free for personal as against commercial use, and they are often not great quality.
If you want to be legal, responsible and safe, go to one of the sites that sells images and buy what you want. I always found it was cheapest to buy one of the sets of images within a certain topic, you can then use them any way you wish in any quantity.

as a photographer I have to correct this straight away .... ALL Images are copyright of the person who takes them, if an image is not watermarked its probably because the photographer is lazy or does not understand that people will STEAL images online because they want or need them. If a photographer puts an image online its usually because they want to show off their work -they do not want someone to download/steal a copy of their image.


but as you mentioned in the last paragraph -

If you want to be legal, responsible and safe, go to one of the sites that sells images and buy what you want

going back to the original post - an image "may be subject to copyright" - this could mean a number of things:
-the website stole the image and the original photographer holds copyright.
-the website does not have full permission to distribute the image.
-the image may be in dispute between the copyright holder and the website
-the copyright holder does not know anything and may not give permission to use the image (if/when contacted)
-the image could have been taken by an employee of the website (grey area for copyright).
-the image could be subject of legal proceedings to determine the ownership of copyright.

there are loads of other reasons why the image "may be subject to copyright"

looksee

Yes, sorry, I intended to include that point, that art works are automatically copyright of the creator, and that should be the basic assumption. I did not mean that to be an exclusive suggestion, though I can see it came across that way.

Kent Brockman

Thanks for the replies guys. The question was not regarding my own work (which is all hand drawn before being sent to graphic designer to create AI templates which we then purchase from them and manipulate as needed)

My question relates to a local office supplies shop who has recently displayed in their window a picture which is easily found on the net .
They are adding the personalised info to the picture, printing and framing and obviously hope to sell for profit.

I am trying to find out if they are allowed to do this as the picture is obviously not their own work?
Any way of finding out without asking them directly ?(as I am certain they will know who I am , my stuff was displayed in the Shopping centre outside their shop lol!)
Thanks again

tricky D

If it's easily found on the net, then http://www.tineye.com might help you find the rights holder/manager

PaulPinnacle

tricky D wrote: »

If it's easily found on the net

Google's new search by image should also help in this area, at least when the technology behind it improves and results are refined.

looksee

It won't prove they haven't bought the rights to it though.

My daughter took some of her (very good) photographs to be printed to a local chemists shop, subsequently she saw one of them in the window - not credited. For various reasons she didn't want to dispute it, but the pharmacist obviously thought he had paid her a compliment!

melekalikimaka

unless its stipulates it as create commons or royalty free, every imsge is copyrighted, check out the shepard fairey case with his hope posters of obama, it its a grey area of reapproriation of imagery
http://artsbeat.blogs.nytimes.com/2009/02/09/shepard-fairey-sues-associated-press-over-obama-poster/

tricky D

looksee wrote: »

It won't prove they haven't bought the rights to it though.

Well it will help find out if it is rights managed and by whom which is half the task. Then it's down to finding out if it's been paid for and the conditions of use. Unlikely they would tell you but sure wouldn't mind the tip-off.