Who owns rights to image in this case?

4 years 4 months ago #667157 by J Photo Man
If you license a photo, alter it  with  one  of your own,  now making a composition.  A magazine wants to pay you for the  use of the image,  can you legally? 


Photo Comments
,
4 years 4 months ago #667167 by effron
My "guess" is yes. 

Why so serious?
Photo Comments
,
4 years 4 months ago #667168 by Nikon Shooter
The licence itself should include the extents or limitations in
the usage of the licensed image.

If none is there, then you can do as you please for the time
specified. If none is given… they're too dumb!

In this case, you should stipulate "COMPOSITION © by" and
not "photo© by".

Light is free… capturing it is not!
Photo Comments
,
4 years 4 months ago #667178 by garyrhook
The license should specify what you can and cannot do with the original image. Per your description, this would be a derivative work, thus covered by the copyright of the original image. (Without further information, one cannot draw any other conclusion.)

If your license doesn't specify what's allowed, then you should not make any assumptions about what you can do, because copyright law is on the side of the original creator. So the above advice is incorrect.

Your license will also need to specify what you can do with any derivative work. E.g. commercial usage, stock, sub-licensing, etc.

As for a copyright statement, the only elements of a copyright statement are the symbol ©, original and current date of the work (if different), and the name of the copyright holder. All other elements are irrelevant. Missing elements make the mark pointless. Per US law, at least. And in most countries the use of the symbol is no longer even required, as it is understood that a created thing inherently has copyright. More at wipo.int .


Photo Comments
,
4 years 4 months ago #667313 by Rawley Photos

garyrhook wrote: The license should specify what you can and cannot do with the original image. Per your description, this would be a derivative work, thus covered by the copyright of the original image. (Without further information, one cannot draw any other conclusion.)

If your license doesn't specify what's allowed, then you should not make any assumptions about what you can do, because copyright law is on the side of the original creator. So the above advice is incorrect.

Your license will also need to specify what you can do with any derivative work. E.g. commercial usage, stock, sub-licensing, etc.

As for a copyright statement, the only elements of a copyright statement are the symbol ©, original and current date of the work (if different), and the name of the copyright holder. All other elements are irrelevant. Missing elements make the mark pointless. Per US law, at least. And in most countries the use of the symbol is no longer even required, as it is understood that a created thing inherently has copyright. More at wipo.int .



:agree:   good post 


Photo Comments
,

817.3K

241K

  • Facebook

    817,251 / Likes

  • Twitter

    241,000 / Followers

  • Google+

    1,620,816 / Followers

Latest Reviews

The Leica SL2-S is an attractive, premium mirrorless camera with photo and video specs that are sure to impress. And with the legendary Leica name, you know this camera exudes quality!

Mar 26, 2024

The Sigma fp L is a compact full-frame camera with a 61-megapixel sensor, 4K video capabilities, in-body image stabilization, and weather-sealed construction. What’s not to like?!

Mar 19, 2024

The Canon 1DX Mark III is a big, burly professional camera packed with top-end features. Is it worth the investment in 2024? Find out in this detailed review!

Mar 04, 2024

In the OM-1 vs OM-5 debate, which camera comes out on top? Though they’re different cameras for different purposes, comparing them head to head clarifies which is best for your needs.

Mar 01, 2024
Get 600+ Pro photo lessons for $1

Forum Top Posters

Latest Articles

Time management is a critical skill to master when you’re a photographer. But how do you get the most out of the limited time you have? Check out this guide to learn a few tricks!

Mar 27, 2024

The Leica SL2-S is an attractive, premium mirrorless camera with photo and video specs that are sure to impress. And with the legendary Leica name, you know this camera exudes quality!

Mar 26, 2024

Opening a photography business means undertaking various photography marketing strategies to promote your work. But you don’t want to do the same old thing - try these unique ideas!

Mar 22, 2024

The Canon EOS 80D might be a few years old, but it’s nevertheless a quality camera to invest in as a beginner or enthusiast looking for a mid-range DSLR with tons of lens options.

Mar 22, 2024

Wedding consultations are a critical part of a wedding photography gig. It’s when you learn about the couple and their wants, and present them with how you will meet those desires.

Mar 22, 2024

If you're looking for the best metal print of 2023, you'll find it from Artbeat Studios. After months of testing, Artbeat Studios beat out the competition!

Mar 21, 2024

Getting the best video shots on your camera or smartphone requires you to understand the fundamentals of composition and video editing. It helps to have the appropriate gear, too!

Mar 20, 2024

It’s easy to lose your inspiration behind the lens, especially as a beginner. These creative photography projects can help inspire you to try new techniques and improve your photos.

Mar 20, 2024