copyright of photos contained in other artwork

[battletone]

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.

 

[KmH]

www.copyright.gov you are describing a derivative work.

 

[battletone]

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.

 

[skieur]

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

 

[battletone]

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

skieur

This is the part I was wondering about.