What are the copyright issues (if any) of this photograph?

[paul_mcevoy]

I shot this last night of a friend's record collection and would like

to work on a series of them. I'm wondering if there are any copyright

issues for a picture like this. I feel like it would be ok to

photograph something copyrighted and sell it in certain situations

(like a McDonald's sign in a street picture-although I could be wrong

about that), but I'm not sure about this.

 

http://www.letsstraightenitout.net/index.php?showimage=143

 

Thanks for your help with this.

 

Paul<div></div>

[paul_mcevoy]

oops, the linked image is the wrong one, please look at the attachment or this one:

http://www.letsstraightenitout.net/index.php?showimage=140

 

Thanks!

Paul

[kevin_hundsnurscher]

If you did enough manipulation to the image you might be able to get away with using the image but record companies have a lot of lawyers and a lot of good ones.

[hakon_soreide]

Quite a bit different from the McDonald's sign popping up as a small part of a street shot this, since it's basically a photo consisting <i>only</i> of pieces of copyrighted material, and therefore you'd need the explicit permission to reproduce all of the record covers in the image before you publish it or sell it. <p>

Actually, you're technically already infringing on the respective copyrights in the moment you take the picture, but I guess it's normally when you use something for commercial purposes that copyright lawyers tend to get really irate.

[paul_mcevoy]

and the fact that I am documenting the record collection of a friend holds no water whatsoever?

 

I'm just asking, but it seems like there should be some protection for photographing the contents of your own home? Or someone else's with their permission?

 

Paul

[dave_nelson___atlanta__ga]

If the use is editorial you should be ok, but if it is commercial you are wide open to a law suit. Actually you are always open to being sued, but it is just much less likely if it only to "document" something instead of being used to "sell" something.

[johncheney]

Why not put your friend in the picture? It then becomes your picture rather than a facsimile or montage of someone else's.

[stephen hazelton]

Check with a lawyer if it's worthwhile.

[photoattorney]

I'd be comfortable using this photo for insurance purposes, editorial purposes and as fine art. I'd steer well away from anything that would be implied as commercial use.

[craig_gillette]

You might want to look at the discussions of "fair use" at the Library of Congress. I doubt anyone would object to a photo inventory of a collection. It has "value" in the event of damage, theft, and ultimately have some documentary/historic value, converting to a conmmercial product is a rather different thing. That starts to infringe on the creators/owners rights to make money of the item. "Derivative works" are another area to check out.

[hakon_soreide]

Documenting the contents of someone's collection for insurance purposes is obviously well within fair use, documenting for the future, making it documentary photography is also fair use on equal terms with editorial use, but displaying the photo as art or selling it would be over the line the way I see it.<p>

There are some fuzzy lines when it comes to copyright, however the trend tends to be interpreting the laws stricter due to the increased ease of copyright breach these days - even when it comes to non-internet related cases - and so once you move into commerciality, it's best to have one's back covered.<p>

[john falkenstine]

I strongly recommend your visit the PDN netsite (Photo District News) and see some of the results of recently decided cases.