Copywrite Question.

[kerching]

Strange question I know......
If I wanted to cut out a portion of a picture from a magazine and place it in a small frame with the intention to sell it.
Would that be breach of copywrite.?
Let's say the picture is of an apple,ford car and a bottle of HP source for example.
The size of the portion to be cut out would be say 2" x 2"

 

[ServersandSpares]

Yes I would have thought so unless you can prove you took the picture

 

[obscure]

Yes it would be a breach of copyright. You can't use something that you don't own the copyright for, unless you get permission from the copyright owner.

 

[tj81]

I'd like to further open up this question if I may.
If kerching was to take a photo of a bottle of sauce (with no labels on it), and an apple, would he still then be in breach of any copyright laws? As it could be anybodys bottle, and an apple is an apple no?!
I ask as it is along the lines of the question I was going to ask.
I was also wondering if I take a photo that re-enacts an already famous picture for example and sold it as an artwork or a print on a bedsheet, would I be liable to copyright laws for re-enacting that picture? Surely you can not take action against someone's thought process, if you see what I mean. As in there is no way to prove that I intentionally copied the "famous" piture.
TIA

 

[Dawg]

You can get an idea of what is prudent below: (By 'prudent' I mean what you can do without getting nasty letters from lawyers. Right or wrong, lawyers are expensive to deal with).

From guidelines to photographers submitting to iStock:

" All trademarks must be removed. This includes logos, brands and entities with copyright or trademarked elements. This many also extend to trademarked products such as cast sculptures, toys, architecture and other elements of design. "

So an apple is an apple is ok. An HP sauce bottle's shape might be trademarked, as Coke bottles are. Why risk it; have another idea.

From Creative Commons licences:
follow the link to see how copyright, (NB Copyright not copywrite), has various levels, and how you should check if possible before nicking someone else's work.

Creative Commons.

Rule of thumb #1; the better known the image the more likely it is to be copyrighted and that copyright protected.
Rule of thumb #2; the better known an image is the more likely you will be able to sell it.
Rule of thumb #3; copyright lawyers are psychopathic reptiles. But their clients and their mothers love them.

HTH

 

[Brian McIntosh]

Rule of thumb #1; the better known the image the more likely it is to be copyrighted and that copyright protected.
Rule of thumb #2; the better known an image is the more likely you will be able to sell it.
Rule of thumb #3; copyright lawyers are psychopathic reptiles. But their clients and their mothers love them.

Ain't that the truth.