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A copyright question


NatalieKinnear 12 280 8
26 Feb 2009 10:41PM
I have uploaded a photo into the gallery here and I am genuinely interested to know, as mentioned with the upload, if using this image within a greetings card design, would infringe on the copyright of the designer/maker of the bear?

I am not fishing for votes on this image. Don't vote on it, but please do let me know if you have any idea about the copyright situation. Personally I don't think I would feel comfortable using it, and therefore I wouldn't, but I would like to know the legal situation on this.

I added the flower myself by the way, I don't know if that makes any difference.

Thanks for your thoughts on this.

Natalie

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User_Removed 10 694 3 Scotland
26 Feb 2009 10:47PM
Not clear if you have taken the image yourself ?
NatalieKinnear 12 280 8
26 Feb 2009 10:48PM
Yes I took the photograph.
Natalie
User_Removed 10 694 3 Scotland
26 Feb 2009 10:54PM
I do not think it is a problem but understand your hesitation. I would happily use a picture of the London Eye despite the fact that I did not build it.
NatalieKinnear 12 280 8
26 Feb 2009 10:59PM
Yes, that would seem fine - the London Eye. It's difficult to know where to draw the line isn't it. What if a photograph were to be taken of someone's work of art... surely that wouldn't be okay?
Natalie
User_Removed 10 694 3 Scotland
26 Feb 2009 11:03PM
That is what is bothering me as well....I think there may have to be a sign somewhere to say that photography is forbidden or similar.

Hopefully someone else will chime in soon Smile
rowarrior 11 4.4k 9 Scotland
26 Feb 2009 11:05PM
As someone that makes hand-made bears, I would be more than a little miffed if you took a photo of one without telling me and proceeded to sell it. You would definitely be stealing their copyright, although I'm sure if you knew who made the bear (albeit that one doesn't look hand-made), and could come to a deal regarding splitting the profits, that might work
User_Removed 10 694 3 Scotland
26 Feb 2009 11:24PM
Just found a bit of info on this site.

http://commons.wikimedia.org/wiki/Commons:Image_casebook

"If the original artwork remains in copyright a license from the artist is nearly always needed. Mere physical ownership of an original artwork such as a sculpture does not confer ownership of the copyright: that remains with the artist."

I would say that photographing an item that is in copyright means you have to contact the owner for permission to use it for commercial use. Even if you purchased a (real) copy of the bear and photographed it you still need permission.
Snapper Plus
14 4.4k 3 Scotland
26 Feb 2009 11:28PM
See here for what looks like the definitive answer. (sorry Katy!)
User_Removed 10 694 3 Scotland
26 Feb 2009 11:35PM
Just had a look round the site but cannot find any reference to photographing an object.
rowarrior 11 4.4k 9 Scotland
26 Feb 2009 11:41PM

Quote:See here for what looks like the definitive answer. (sorry Katy!)


Well that reads in my favour!


Quote:Rights cannot be claimed for any part of a work which is a copy taken from a previous work. For example, in a piece of music featuring samples from a previous work, the copyright of the samples would still remain with the original author.


I think this covers it!
Krakman 13 3.6k Scotland
26 Feb 2009 11:45PM
It's only protected by copyright if the object is an "artistic work" (and in particular a "work of artistic craftmanship"). Mass produced teddies are unlikely to be protected by copyright. Rowarrior's invidually made teddies however may well. The mass produced ones are rather protected as a "design", not by copyright law. Roughly speaking, design law stops you manufacturing your own copies of the teddies, or of making a design document copying the original design document (ie. design drawings etc.)

In short, if it's a mass-produced teddy and not a work of art, then there's no breach of copyright in taking a picture of it, making a greeting card etc. If it's an individual handmade teddy, then you may have a problem.

p.s. see here for a discussion about whether (a) the original Star Wars helmet and (b) mass produced copies were protected by copyright or design law
Snapper Plus
14 4.4k 3 Scotland
26 Feb 2009 11:49PM
My reading of it is that only certain types of work are covered by copyright legislation, namely

Quote:Types of work protected

1. Literary - song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc.

2. Dramatic - plays, dance, etc.
3. Musical - recordings and score.
4. Artistic - photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
5. Typographical arrangement of published edition- magazines, periodicals, etc.
6. Sound recording - may be recordings of other copyright works, e.g. musical and literary.
7. Films



I'm not seeing a category that would cover hand made (or similar) bears, so it looks to me like there would be no copyright on them.
Krakman 13 3.6k Scotland
26 Feb 2009 11:51PM

Quote:I'm not seeing a category that would cover hand made (or similar) bears, so it looks to me like their would be no copyright on them


S.4(1)(c) of the Copyright Act:

“artistic work” means—
...
(c) a work of artistic craftsmanship.
Slippery_Jim 11 597 England
27 Feb 2009 12:06AM
Well, if some one was selling pictures of something that I had made, as long as they'd aknowleged me as the creator of said article, I'd be quite chuffed. Free publicity and all that...


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