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Photos of personalities. (Read 1007 times)
Yassine_132473
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Photos of personalities.
Dec 28th, 2007, 6:04am
 
Hello,
 
I have 4 photos pending (Product Id: 125994, 126000, 126004 and 126006). My question (to the GCU administrators) is how you check if a photo of personality is protected by copyright or not ?
 
My hope is to work on a photo of very well-known person. The photos that I used for create greeting cards date from about 30 or 40 years and are commonly used and posted on the Internet.  
 
Ya
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Karen_131257
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Re: Photos of personalities.
Reply #1 - Dec 28th, 2007, 10:30am
 
Hi there
I`m not admin but I can tell you that you should not use any image that you don`t own copyright for, or have written permisson from anyone who is in the pictures and can be recognised as such (and/or the original copyright holder). It`s not just celebrities but any recognisable person. I could easily fill my store with personalities, some of whom I actually photographed myself, others who I know and have plenty of photo`s of but which I did not take myself, but I won`t because they haven`t given me permission and I don`t intend to use the pictures for profit anyway- so I won`t ask them if I can!. My late soulmate was famous in this life, I know he would have allowed me to use his pictures but I won`t!... I didn`t take the pictures so they are not mine to use for profit!. Even if the pictures are widely used online they still belong to someone, they could even be online in breach of copyright!. Hope that helps
Karen
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Mindy
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Re: Photos of personalities.
Reply #2 - Dec 28th, 2007, 12:13pm
 
Quote from Yassine_132473 on Dec 28th, 2007, 6:04am:
Hello,

I have 4 photos pending (Product Id: 125994, 126000, 126004 and 126006). My question (to the GCU administrators) is how you check if a photo of personality is protected by copyright or not ?

My hope is to work on a photo of very well-known person. The photos that I used for create greeting cards date from about 30 or 40 years and are commonly used and posted on the Internet.

Ya

 
Quote from Yassine_132473 on Dec 28th, 2007, 6:04am:
Hello,

I have 4 photos pending (Product Id: 125994, 126000, 126004 and 126006). My question (to the GCU administrators) is how you check if a photo of personality is protected by copyright or not ?

My hope is to work on a photo of very well-known person. The photos that I used for create greeting cards date from about 30 or 40 years and are commonly used and posted on the Internet.

Ya

 
Hi Ya,
Thanks for your question.  I'm sure others are wondering as well and it goes beyond just greeting cards.
 
For the most part, as Karen shared, everyone has rights to their own image.  Any identifiable people used in your art must give you their permission.  Especially for you to use their image in your art for resale would infringe on their rights.  You must get their signed permission to use their image.
 
In the case of a well know personality, it's even more important as their "image" is potentially more valuable.  These people usually have an intellectual property rights organization that manages permissions of usage for their image/likeness.
 
With your latest cards in question, which I saw this morning and they are absolutely stunning which we'll sadly have decline, unfortunately do infringe on the personality.  You would need to get explicit permission from their representation or estate to use their image in this manner.  
 
These rights also applies to entities like professional sporting teams, consumer brands, auto manufacturers, etc.  
 
We try to act conservatively, if we can identify the person or brand we typically won't approve the card.  If you've gotten written permission then you can resubmit and clarify for us.  If we can not identify the person, we trust as an artist you have done the due diligence of attaining the necessary permissions.
 
Specifically in our Terms & Conditions agreement Artists have agreed to the following:
o You have a signed consent form to use the photo or likeness of:  
1. A minor under the age of eighteen (18) where the face is recognizable - such release is needed from their parent or guardian  
2. An adult where the face is recognizable and the photo was taken at a non-public event, such as someone walking down the street - such release is needed from that person  
 
o Artists agree that their art will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party  
 
Hope that helps and our apologies on the limitations.
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Yassine_132473
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Re: Photos of personalities.
Reply #3 - Dec 28th, 2007, 1:07pm
 
Thank you for your response Karen and Mindy.
 
I agree with you. We don't have to use any image that we don't own copyright for. That's what I asked to the GCU administrators if the photos (especially them) I used have copyright or not. Indeed they're old and popularized (some photos are considered to be in the public domain). For example in wikipedia website, I saw a photo of Martin Luther King (http://en.wikipedia.org/wiki/Image:Martin_Luther_King_Jr_NYWTS.jpg) with this indication under the photo (near Permission) : "No copyright restriction known. Staff photographer reproduction rights transferred to Library of Congress through Instrument of Gift." I went to http://www.loc.gov/rr/print/res/076_nyw.html and I saw that some photos are not identified with the name of their creator or their source. And you know what ? I think I will just draw because it's a complicated affair.  
 
First I thought to draw the portrait of the character, but realizing the card I thought if it was possible to keep (or slightly alter the image).  
 
I have chosen two pictures of a politician activist who fought for serve an honourable reason and improve civil rights of man in his country (and indeed in the whole world too). His image reflects the fight for human rights and Freedom. Annually in the United States there is a commemorative celebration in his honor, since a long time now. Many newspapers and books will use his image in that Day.
 
Thank you Mindy for the informations, I accept them cordially.
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Mindy
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Re: Photos of personalities.
Reply #4 - Dec 28th, 2007, 2:06pm
 
Here's what we have on GCU to date for Martin Luther King Holiday:
http://www.greetingcarduniverse.com/shopping/cb.asp?keywords=martin%20luther%20k ing
 
Certainly need more cards to complete the collection.  Notice the use and variety of imagery and verbiage without using MLK photo or likeness.  It a challenge but where your creativity will kick in  Wink
 
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Yassine_132473
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Re: Photos of personalities.
Reply #5 - Dec 28th, 2007, 2:47pm
 
I am going to work sincerely this because MLK (with Malcolm X) is very important to me. If there was a category Malcolm X, I would have also done so. But I think I could post some cards of Malcolm... ? Smiley
 
And Che Guevara... ?
 
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Greeting cards made by ya-graphic:
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Alissa_132660
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Re: Photos of personalities.
Reply #6 - Jan 8th, 2008, 2:47pm
 
I am sure there are clipart collections with these two specfically mentioned political figures that can be purchashed and used in accordance with the terms therein.
 
That's the route I would take. Just my two cents Smiley
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