Copyright Issues

[photorefresh]

Hi all,
As I am new to this site, please forgive me if I am making a few mistakes.
I will get the hang of it.

As a new Business I am having fun with what I can and can't do with Photographs taken by other people and Photographers.
My interests lie in Photographic Montages "putting a number of images together to make the Photograph tell a story".
So........ I can get them to sign a form saying I have permission to scan the images they would like me to use.
Most times they do not read it.
My Questions:
If the original person who took the photo was not asked in the first place and sees it, say in an advertising brochure.
Who is liable, who can they point the fingure at me or my customer?
What do I have to put in the Disclaimer to make sure I cover myself?
I am also interested in what Photographers think, would you give permission for someone to scan your photos?

What would be a happy medium??

[PhotosGuy]

Ipswich, where? It may make a difference. So........ I can get them to sign a form saying I have permission to scan the images they would like me to use. If they don't own the rights to the images, their signature means nothing? Either, or both of you could be sued.
OTOH, I think there is a "derivate usage" clause that I'm not familiar with.

Copyright for Clients - from the Association of Photographers
http://www.copyright4clients.com/

Canada
Canadian Intellectual Property Office site (http://cipo.gc.ca/)
UK
http://www.patent.gov.uk/copy/definition.htm
Australia
http://www.copyright.com.au/membership.htm
http://www.ag.gov.au/agd/WWW/securitylawHome.nsf/Page/Publications_Intellectual_Property_A_Short_Guide_t o_Copyright#5

[photorefresh]

Photoguy.............. you are a wealth of knowlegde.
Thank you.
So I guess until I have written permission to use the images, I don't do the job.

The Montages I do are usually one offs, so I am hoping there will not be to much drama here.



Cindy
Ipswich, Australia

[PhotosGuy]

So I guess until I have written permission to use the images, I don't do the job. Maybe not? Look into this, "OTOH, I think there is a "derivate usage" clause that I'm not familiar with."

[moree]

PhotosGuy,

Thank you so much for links in relation to copyright in Australia. Just the information I am wanting to learn about.

Cheers,
Nicholas

[photorefresh]

Photosguy,

Thank you, I will look into it.

Cheers

Cindy

[photorefresh]

Photosguy,
I am not having much luck on this one. If anyone has information on the "Derivate usage" in Australia please share. Pleaseeeeeeeee

[PhotosGuy]

It's fairly complex. Here's a general link for you to try to refine:
http://en.wikipedia.org/wiki/Derivative_work

http://www.google.com/search?hl=en&as_qdr=all&sa=X&oi=spell&resnum=0&ct=result&cd=1&q=copyright+art+%22derivative%22&spell=1

[photorefresh]

Photosguy,

Thank you again for the links. It all seems a little overwhelming to me.

Getting their permission in the first place still seems the way to go.

Cheers

Cindy

[sfaust]

If you are doing it for the clients own use, I wouldn't worry about it at all. Chances of being sued are practically nil. You are taking an image they paid for and have the right to use for their enjoyment, and 'repurposing' for their own use in another media. The only people that would see the image are their family and friends, which is the same use they already have permission for. You are only changing the media per se. Technically, it could be argued, but in reality its highly unlikely.

I.e., it's as if you took a pile of their CD's and digitized a number of songs and created a special dance mix for them. They already have permission to use the music for their personal enjoyment, and you aren't changing the terms of that license. Would Sony Music ever try to sue you or the client for it. Very unlikey.

Many wedding photographers do something similar to use the music for their video montages. They have the client give them a purchased CD with the music they wish to use, or order the music online and give it to them. That way they can argue that the clients paid for the music legally, and they only transfered it from one media to another, with the same end use as the original. Because they actually paid for the music, it would look really bad in the press if someone tried to sue them for it.

But you also mentioned using it in an advertising brochure, which I assume would be to sell your services to others via the brochure. Thats an entirely different use for the image, and could get you in hot water. Not worth the risk IMO.