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? 


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

Why so serious?
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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!
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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 .


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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 


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