Legal issue

Discussion in 'Photography Beginners' Forum' started by mishele, Jun 26, 2009.

  1. mishele

    mishele Moderator Staff Member Supporting Member

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    Are you allowed to take a picture of a famous person that is in a mag. or a news paper and use it? Sorry if this is a silly question. I was going to set up a shot but didnt know if it was legal or not.

    Thanks
    Michele
     
  2. Big Mike

    Big Mike I am Big, I am Mike Staff Member Supporting Member

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    What do mean by 'use it'?
     
  3. tirediron

    tirediron Watch the Birdy! Staff Member Supporting Member

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    If you mean taking a photograph of a photograph in a magazine, then, no, that would not be legal as you would be violating that magazine's copyright.
     
  4. SonnarSphere

    SonnarSphere TPF Noob!

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    just my unqualified opinion..

    you mean like a scan, or a photocopy.. for personal NFP use/reference.
    i guess that is maybe ok :-/? .. or do you mean a photo you can then claim as your
    own intellectual property? this i would strongly doubt.

    although..taking a picture of someone reading a newspaper with JFK or MLK on the
    front page ..that's a debate that could be interesting to follow. who owns that?
    the person shown is not defamed, and let's say you are not depriving them of
    revenue...
     
    Last edited: Jun 26, 2009
  5. mishele

    mishele Moderator Staff Member Supporting Member

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    "although..taking a picture of someone reading a newspaper with
    JFK or MLK on the front page ..that's a debate the could be held."

    This was more what I was looking at. It would be a news paper and someone holding a record. lol Without give away my complete idea is that legal? Both w/ a famous person on them.
     
  6. c.cloudwalker

    c.cloudwalker TPF Noob!

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    Because someone shows up in a magazine does not mean you can take their picture and use it however you want.

    Brad Pitt shows up in magazines regularly and you can take just about any picture of him and use them because he is a celebrity. Just don't sneak in to his bathroom and take a picture of him in the shower. You may make more money from the picture than you would spend on the lawsuit and damages but I doubt it.

    Model X also shows up in magazines but unless model X is a super famous model, I wouldn't take model X's picture and publish it with no compensation to the model. After all, it is the way models make a living.

    That was my answer to what I think is a badly asked question.

    My serious answer: No.

    Any image (photo or otherwise) in a magazine, newspaper, ad, etc, etc, is copyrighted. And to use it you would have to pay a usage fee.

    There is only one way to use such an image for free: in a collage.

    I cannot tell you what today's collages rules are (it's been too long) but they were based on the percentage of the original image used. Past a certain percentage (and it was not very big), it was not a collage.

    You have two options: research today's collage rules very carefully or don't use someone else's image.
     
  7. manaheim

    manaheim Jedi Bunnywabbit Staff Member Supporting Member

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  8. c.cloudwalker

    c.cloudwalker TPF Noob!

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    Actually, from what I remember, this is not debatable in the USA (where I live and mostly photograph.) Same rule applies as in the collage equation.
     
  9. SrBiscuit

    SrBiscuit TPF Noob!

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    so you want a picture of michael jacksons death in the newspaper, and in the same shot, the album cover for thriller...;)

    what's the application?
     
  10. mishele

    mishele Moderator Staff Member Supporting Member

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    Wow!!! thanks for all the quick responses!! I think at this point I m going to bag the idea I had cause it was going to be for fun and its not worth the worries. But I am surprised that you cant take a picture of a newspaper. Or if I own a record that I cant take a picture of that either. Thanks again!!
     
  11. mishele

    mishele Moderator Staff Member Supporting Member

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    LOL there was a little more to it then that but I was playing around w/ an idea.
     
  12. SonnarSphere

    SonnarSphere TPF Noob!

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    that makes sense to me.
     

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