Layering my work over public domain work - OK or Not?

Discussion in 'Photo.net Site Help' started by mickeysimpson, Apr 2, 2021.

  1. I recently layered part of a photo of mine over a confirmed public domain image. Is it fair to post this photo on PN?
     
  2. I and others regularly use (parts of) CC images in the Digital Darkroom 'Post-Processing Challenge' threads. For some CC licenses, attribution is required. For public domain (CCO) images you're free to remix and re-use in your own work. The original 'author' has given up any and all rights to the photo.

    As a member (not a moderator), I think the fact that you're posting your 'own work' - to which only you and no one else may hold any rights - is the most important for PN.

    I hope one of the mods will confirm this.
     
  3. Thanks Mike. Even though the image I used in my composite was a public domain image, I truly have mixed feeling about using it. Its a simple shot of the full moon over which I have layered the silhouette of a bird from a photo of mine. Unfortunately I have never taken a decent moon shot :-( and that is why I looked for one.

    Let's see if any of the mods have an opinion.

    Mick
     
  4. WJT

    WJT Moderator

    One of the longest standing rules on PhotoNet is that any posted image must be your own work, not the work of another. In the Terms of Use :"...You agree to upload and post only User Content that you have created yourself..."

    Your composite image should not have a problem as far as US Copyright law is concerned (I could be wrong about that) but it would probably violate this site's rule because it is not wholly your own work. Regards.
     
    Last edited: Apr 12, 2021
  5. Thank you for your response WJT. While the final result was my editing, one layer was public domain. As such, I accept your response as authoritative and shall abide by this rule.
     
  6. William Michael

    William Michael Moderator Staff Member

    I concur with Walter's comment and his advice - it would be best not to post the composite image on PN. You could create a link to it at another site.

    "...You agree to upload and post only User Content that you have created yourself..."

    For clarification, the above Term of Use stands alone and is neither linked to: 'copyright', nor 'public domain usage' nor 'usage rights'.

    WW
     
  7. William Michael

    William Michael Moderator Staff Member

    Hi Mike -

    Regarding the Digital Darkroom Challenge, the Term of Use has (historically) been relaxed: similarly, you will find threads in the archives where a member has posted their image and asked for assistance in the Post Production; in mostly all of those situations there has been no Moderator intervention.

    Correct on the first point - posting your 'own work' is the key.

    Regarding Public Domain Images - no, such cannot be used: such images being 'free from rights' is irrelevant., the point is that 'you' did not create it.

    WW
     
    mikemorrell likes this.
  8. Hi William.
    I created the thread because I was uneasy posting the photo with a public domain layer. I am in the process of replacing the public domain layer with one of my own. Again, I thank you and WJT for your responses. I did not think to look back into the terms of use.
    Mick
     
  9. William Michael

    William Michael Moderator Staff Member

    No problem.
    I look forward to seeing your "bird and moon" image.
     

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