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mindstate7

IMAGE COPYRIGHTS IN DESIGN

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SORRY FOR THE CAPS (RENDERING). DOES ANYONE HAVE ANY GOOD RESOURCES ABOUT ACTUAL USE OF IMAGES IN DESIGN AND THE COPYRIGHTS SURROUNDING THEM. I AM NOT SPEAKING OF BUYING AN IMAGE FROM GETTY OR THE LIKE.

 

FOR INSTANCE:

 

I WANT TO TAKE A PICTURE OF AN OLD RED VIEWFINDER AND USE IT IN MY DESIGN. MY CLIENT'S LAWYERS ARE ALL OVER IT SAYING YOU CANT DO THIS. I BROUGHT UP THAT I CAN DRAW (OR MAKE AN ARTIST REPRESENTATION) OF THE VIEWFINDER AND THEY STILL SAID IT WOULDN'T CLEAR. MY INTERPRETATION IS THAT BY EITHER TAKING A PICTURE OF AN OBJECT OR CREATING A REPRESENTATION OF THE OBJECT, THAT THE IMAGE BECOMES YOUR OWN. (FOR EXAMPLE, IF I TOOK A PICTURE OF THE MONA LISA, THEN I OWN THE RIGHTS TO THE PICTURE OF THE MONA LISA AND NOT THE MONA LISA)

 

I KNOW THIS IS A BLURRY LINE WE ALL HAVE TROUBLES WITH, BUT DOES ANYONE HAVE ANY SOLID FACTUAL (OR LAW BASED) RESOURCES I MAY LOOK AT TO CLEAR THIS UP? ANY GOVERNMENT RESOURCES REGARDING THIS MATTER? (I AM NOT LOOKING FOR OPINIONS HERE AS I NEED SOMETHING TANGIBLE TO SEND TO THE LAWYERS)

 

THANKS FOR ANY HELP YOU ALL MAY OFFER.

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You should be protected under Fair Use, even if it's a commercial application. The problem is that Fair Use laws are open to pretty broad interpretation and even if you can prove to the clients lawyers that it IS fair use, they may say no anyway just because they're scared that a court might think otherwise and penalties can be very expensive. Anyway, there is a really good article on fair use here:

 

http://www.utsystem.edu/ogc/intellectualpr...ty/copypol2.htm

 

Another thing that might help you is to find out if the company that made viewfinders (I don't remember who made them) is still around. If the company doesn't exist anymore, the there won't be anyone to sue you for copyright infringement.

 

Chances are, no one would bother to sue anyway, and the client's lawyers are just trying to cover their asses. Lawyers are usually stubborn and obnoxious, so good luck trying to argue with them.

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