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What are the rules?


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<p>Just a quick question and i am pretty sure i know the answer but it is something i have been thinking about lately when i have been looking at composite pictures.<br /> For example you take a picture of a cornfield and you think to yourself i want to have a polar bear walking across that field and place a Lighthouse in the far distance, do all of those images have to belong to you?<br /> A while back somebody submitted a picture of a tornado within a picture and another person pasted the original on their critique, oops.<br /> I can't imagine in a million years you can just go around plucking images from here there and everywhere and incorporating them into your image, i am not likely to take a picture in the foreseeable future of a polar bear and i want one for my composite, so what is the procedure?<br /> This is just something i have been wondering about as i see quite a few of these pictures of late, please don't send me a polar bear picture ;)</p>
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<p>There are rules?</p>

<p>.</p>

<p>If you are asking about the ability to "quote" others work in your own, ultimately only the courts can say (see the dispute on the Obama poster, for example and the many cases in musical quotations or sampling.</p>

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<p>I think i clearly stated girls that i wanted to know the procedure for legally obtaining an image i was not likely to ever be able to photograph for a composite, that's all i can't see the problem.</p>

<p> </p>

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<p>One sniff of sueing and all the Americans go loopy haha.<br /> JDM that high key backgound is amazing who did that? So where did you get that polar bear JDM?<br /> Thank you Patrick i never knew that, as for the funky montage i am not doing one but if i did it might involve some members faces on their home page on this thread in some compromising situations heh heh.</p>
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<p>Sorry, got carried away a little.</p>

<p>The safest course in "legally" obtaining an image to request the right to use it from the author or copyright holder.</p>

<p>Here is a legal form prepared by my publisher which could be further adapted to photographic manipulation</p>

<blockquote>

<p>I am preparing a _____ under the title:<br /> <br /> I should like permission to adapt the following:<br /> ILLUSTRATION<br /> in my work and in future revisions and editions thereof. May I please have nonexclusive world rights in all languages?<br /> It is understood, of course, that full credit will be given to your work. The acknowledgment of the source will be printed on the page where the material appears as (1) a footnote or credit line or (2) a parenthetical reference, keyed to the bibliography, where the citation will be given in full.<br /> For your convenience, a release form is provided below, and a copy of this letter is enclosed for your files.<br /> <br /> Sincerely yours,</p>

</blockquote>

<p>What followed was a statement to be signed by the original author acknowledging the use as stated. Sometimes they will give these rights for free, others will want to charge a fee.</p>

<p>With such persmission, you are home free. It is probably more than is required under fair use provisions, but the lawyers will always err on the side of caution.</p>

<p>The polar bear is mine, and I thought the high key background rather fine too...</p>

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<p>On the eighth day, after Getty, etc, God created public domain imagery.</p>

<p>Ok, this takes skill. Google: Public domain images +polar bear.</p>

<p>http://commons.wikimedia.org/wiki/File:Polar_bears_near_north_pole.jpg</p>

<p>http://publicdomainclip-art.blogspot.com/2006/05/polar-bear-and-cubs-ursus-maritimus.html</p>

<p>http://www.freeclipartnow.com/animals/bears/polar-bears/</p>

<p>I got 44,000+ hits for public domain & polar bear.</p>

<p>For public domain and beach, 784,000 hits.</p>

<p>Lots of public domain pictures out there.</p>

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<p>Yup, Simon, since ye olden dayes of yore, when manne firste lerned to clone, layer and paste...<br>

<em>...wow, that's really annoying, sorry...</em></p>

<p>Yeh, it's been considered legal, ethical, whatever, since the beginning of the digital era waaay back when to use stock or clip art for modifying or creating images of whole cloth... umm... whole digital cloth. As long as the terms of use for the stock or clip art permit, it's fine. Before digital we were doing this for publication adding clip art to our newspapers and magazines.</p>

<p>As long as there is no attempt made to pass these modified images off as journalism or documentary photography, there's no ethical issue. And newspapers have long permitted cartoons and heavily modified graphics, some even using photographic content, for satire or commentary when it's clear from the context that the image is not being presented as real or factual.</p>

<p>And if you dare Google the nether regions of the evil side of the interbutts, you will find some pretty hilarious, if lewd, examples of unauthorized use of familiar artwork and photos for satire. There's no real way to prevent this so most folks just shrug and let it go. For 99.9% of the images created or modified using copyrighted materials, nobody will ever find out who did the modifications. And I admit to nothing.</p>

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<p>Simon - In the FWIW category, if a picture is in the public domain, you can use it - if you see something that is unique and belongs to someone - i.e. a bird in a signed photo or painting- if it were me, out of courtesy, I'd try to contact the person and ask permission, copyright or no - and if necessary, give credit where credit is due. I think there is as much of a courtesy issue as a legality issue... but that's just me. Put yourself in the position of some of the excellent abstract artists or digital alteration artist here on PN - ask yourself how you would feel if someone borrowed a piece of your copyrighted work without express permission - or uncopyrighted work without contacting you.</p>
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<p>Oh i have the North Carolina Polar bear Gordon they are a lot smaller and you tend to find them at Nascar Meetings or Shag Dances.<br>

Ok JDM i would still like to know for sure , i have written to the artist, not heard back yet.</p>

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