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Copyright on a picture created from elements of other pictures?

Posted on 2008-10-10
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Last Modified: 2012-05-05
Here's the situation. If I create an image consisting of elements of other pictures (with/without copyright (with permission)) would I have copyright on the image I have created? Do the copyright owners of the used elements have some sort of copyright on the image I have created?

Cheers!
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Question by:Onthrax
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6 Comments
 
LVL 6

Assisted Solution

by:bradl3y
bradl3y earned 400 total points
ID: 22689089
I am not a lawyer, but I would imagine this depends on the arrangement you have with the copyright holder and how the image is licensed. With the proper written permissions, you could be the sole copyright holder of the manipulated image.
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LVL 4

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by:codezp
codezp earned 400 total points
ID: 22689122
if the any of the images are copyrighted you have to get the original authors permission unless you bought the image then there would be no need for that.

we had a client who provided us photos and we made kind of a collage, 2 years later original artist sued them and won, and we only used 1/4 of his original image.

so I would not suggest you do this without permissions, read more here
http://lawgeek.typepad.com/lawgeek/2007/12/copyright-fair.html
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LVL 38

Accepted Solution

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lherrou earned 1200 total points
ID: 22689136
Onthrax,

There isn't just one answer to this question. It depends on what was used, how it was used, and what the intent was. In general, there is a presumed ability to create a derivative work from other original artwork. To claim copyright, you would have to show that your work, while drawing on the original(s), was original in it's own right (in other words, was not just copying the previous work or it's intent). The copyright owners of the previous work would not be able to claim copyright of your work in any case, but might be able to claim any profits you made (as well as any punitive damages or fines) if it was clearly a copy.

Cheers,
LHerrou
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LVL 17
ID: 22689620
Could it be similar to records made largely from samples of other tracks? I think there is some protection for the original artist.
 
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Author Comment

by:Onthrax
ID: 22710922
Fair enough WaterStreet.

Thanks to all that replied.
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