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FORUMS Post Processing, Marketing & Presenting Photos The Business of Photography 
Thread started 17 Apr 2008 (Thursday) 14:43
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Legal question?

 
Michael1116
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Apr 17, 2008 14:43 |  #1

Is it ok to take a picture of a picture and post it on a web host? Specifically, Baron Wolman (Rolling Stones magazine) took some awesome shots of Janis Joplin in the 60's. I was given a large book of his work. I didn't think it would work too well, but I have a couple of decent pictures of his pictures.


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bpiper7
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Apr 17, 2008 15:13 |  #2

If you don't have permission from the owner of the copyright you have no right to do that.


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ssim
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Apr 17, 2008 19:24 as a reply to  @ bpiper7's post |  #3

Really think about this. Would you want someone that has one of your prints to take a picture of it and post it elsewhere.


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trailblazer
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Apr 17, 2008 20:27 |  #4

While not 'morally/ethically correct' and maybe not ok, there is nothing illegal about it. You own your own pictures, even if it is a picture of another picture




  
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Apr 17, 2008 21:48 as a reply to  @ trailblazer's post |  #5

If the pictures are copyright (and they likely are ) then you are making a copy of them and then publishing them, so that would definately be infringing on the copyright.

I know I would be very upset if you were to do that to my pictures without compensation or permission.

The only exception would be an editorial use.

Note: I am not a lawyer, seek one for accurate advice.


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illm4k3uscr3am
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Apr 18, 2008 00:03 |  #6

Well, we could apply the magazine rights to this. They may allow reproduction as long as you do not sell it for profit, or they may not. It really more or less comes down to a what it says ordeal. Technically you paid for the picture when buying the magazine, but I highly doubt at ALL that Rolling Stones will come after you unless you make thousands off of reselling the picture. So I would post it without worries. My only stipulation is DO NOT RESELL IT! Which, I mean even that could be argued before a judge, there are hundreds of Rolling Stones magazines on eBay, so why are they going after each and every one for "violating" the copyright laws of the photographs in and/or on said Magazine? I don't think so.




  
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amccomis
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Apr 18, 2008 00:33 |  #7

Michael1116 wrote in post #5349701 (external link)
Is it ok to take a picture of a picture and post it on a web host? Specifically, Baron Wolman (Rolling Stones magazine) took some awesome shots of Janis Joplin in the 60's. I was given a large book of his work. I didn't think it would work too well, but I have a couple of decent pictures of his pictures.

It sounds as if you have made a deliberate attempt at a digital representation of the original. Do you have a flatbed scanner? If not, if you did have one, would you scan the book in?

I think there's a 25-year limit on copyrights (http://www.copyright.g​ov/docs/203.html (external link)) but I don't pretend to understand all of that law.

It's ok to take the pictures, but it's not ok to try and sell them.


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Michael1116
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Apr 18, 2008 07:13 as a reply to  @ amccomis's post |  #8

Thank you all for your input. I think I will just print it to poster size, frame, hang, and enjoy the memories of a great time I enjoyed in my life.


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Stocky
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Apr 18, 2008 12:43 |  #9

amccomis wrote in post #5353149 (external link)
It's ok to take the pictures, but it's not ok to try and sell them.

um... just like its ok to copy pictures from anyone here as long as I have a print of their's right? http://www.copyright.g​ov/circs/circ15a.html (external link) was the best answer I was able to find about lengths of copyrights. If Baron Wolman still owns the copyright then I am sure he is hoping that you have to legally wait at least 80 more years before you can copy his work since it becomes public domain 70 years after his death. He does sell prints and a quick search will turn up some legal ways to get yourself a poster of his work. The Janis Joplin prints start around $800 :)


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amccomis
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Apr 18, 2008 14:52 |  #10

Stocky wrote in post #5356037 (external link)
um... just like its ok to copy pictures from anyone here as long as I have a print of their's right? http://www.copyright.g​ov/circs/circ15a.html (external link) was the best answer I was able to find about lengths of copyrights. If Baron Wolman still owns the copyright then I am sure he is hoping that you have to legally wait at least 80 more years before you can copy his work since it becomes public domain 70 years after his death. He does sell prints and a quick search will turn up some legal ways to get yourself a poster of his work. The Janis Joplin prints start around $800 :)

Exactly!


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Adaptive
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Apr 18, 2008 22:06 |  #11

Would you be posting it just to display how cool it is?

OR

Would you be posting it claiming it as your own?

One of these is ok and will not matter, the other one might not be a good idea...




  
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