copyright of photos contained in other artwork

Discussion in 'Photographic Discussions' started by battletone, Nov 14, 2009.

  1. battletone

    battletone TPF Noob!

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    I don't think this aspect ever gets covered.....when a photo is used within another piece of "art". Is there a split copyright? Does the original photography have the copyright to both items? Does the artist have copyright of new piece assuming permission was given to use the photo?

    The reason I ask is a friends sister is running for a local office, and had one of her friends (who is semi-professional from all I can tell) take her photos. He is aware they are for her campaign. I am doing the logo and most all of the layouts for signs, banners, flyers, buttons, etc....but I am not giving up control of my art as I am not so much donating, as permitting the use of. Plus I am not getting paid.

    I am still working out getting a photo without a watermark (its just a small copyright with the company in the corner), because I feel it makes the photo appear as though the whole sign was created by someone else. I would just assume not have anyones name on it.

    But what about the jpg for promotional use online...the photo is more of a backdrop to the logo/name and everything else I have created. Do I copyright the final artwork for the flyer while giving credit to the photographer? That is what I would think is to be done.
     
  2. KmH

    KmH Helping photographers learn to fish Supporting Member

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  3. battletone

    battletone TPF Noob!

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    Wow. I just skimmed over the Wikipedia page on derivative work. I guess if I add my own art (which I own the copyright) to a photo (which someone else owns), then the resulting work is just in a grey area because advertisements are essentially short words and phrases and the finished product doesn't equal a copyrighted piece, though containing two separate copyrights.

    It looks to be every bit as confusing as my gut said it was going to be.
     
  4. skieur

    skieur TPF Noob!

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    In order to use a photo within an art work for example, you need to reach an agreement with the photographer. It could be that you are paying for a license to use the photo in the art piece, or perhaps that the photographer is donating its use. Whatever the arrangement, it must be in writing.

    Then if there was a copyright notice, it would be in your name but indicate that the photo was licensed from .................. (whomever).

    skieur
     
    Last edited: Nov 15, 2009
  5. battletone

    battletone TPF Noob!

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    This is the part I was wondering about.
     

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