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.