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Discussion Board -> Desktop Wallpaper, Art, etc. -> Incidental Usage in Images

Incidental Usage in Images

+animaniactoo
01/02/13 9:41 PM GMT
I recognize that the below is long, however it contains valuable information and I advise reading it anyway.

It looks like there has been some misunderstanding going around, including by mods who have let things slip through the cracks, of what is subject to copyright laws and when an incidental use exception applies.

Starting here at the U.S. Copyright Office: http://www.copyright.gov/fls/fl102.html

While the above refers more to written works than visual works, the same rules of thumb apply:

1) If you did not create the thing that you are taking a picture of, or using in your image, you must first figure out who the copyright holder of that item is. This is true whether it is mass produced or a handmade/hand painted item. It is another artist's work, and they or the person or corporation they sold or assigned the rights are the copyright holder of the item.

2) If it is a focal item of your composed artwork, copyright rules apply. In the broadest and most easily understandable definition, focal means "highlighted in some way, or included where exclusion was possible".

3) If it is going to be focal in your image in any way, you need to research the copyright to determine whether your usage (creating an artwork image available for mass distribution) here falls within the copyright terms.
a. If it does, you need to credit the work at the time of upload, as completely as possible, such that a moderator who needs to check can quickly find and verify the copyright terms.
b. If it does not, you need to apply for permission from the copyright holder, and if granted, credit them and state that you have received permission for the use in the narrative for your image.

4) If it is not focal to your image, it may be included as "incidental use" meaning that there was not a way to exclude it from the whole of the image without taking the image at all; and it is not highlighted or centered in any way such as to purposely draw the eye to it. If the details of the item are not visible, you are probably fine.

General exceptions to the rules:

1) Sculpture that is on public display for the sole purpose of display. Public is defined as "out in the open, with no need to enter a building or pay a fee for access to the area."

2) Items that are so generic and with so few details as to be unidentifiable as being produced by a particular source. Example: Candy Cane ornaments - look so alike that you cannot tell one from the other. Generic, use at will as a focal item of your image. Candy Cane ornaments stamped "Jelly Belly" or "Coca-Cola". No go. Reindeer, Santa Claus ornaments? Likely include enough sculptural detail to be a specifically copyrighted work.

3) Murals - as long as the murals do not contain logos with active copyrights.

What all this means for here: Generally, mods will attempt to determine by the narrative on the image, if a usage falls within copyright terms. For lack of information, an image may be rejected that you actually have full usage rights for. There will always be cases that are borderline and will fall on one side or the other of the line by no more than a smidgen. As always, moderators are available to be contacted for explanations or to request review of an image that a member feels was rejected unfairly.
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Cleverly disguised as a responsible adult...

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.danika
01/02/13 10:20 PM GMT
Thank you Cat for some valuable copyright info.
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I LOVE LABS!!!
+purmusic
01/03/13 9:21 PM GMT
Question, if I may?

Is it ok.. to exchange cookies for getting your math homework done by Einstein?
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+animaniactoo
01/04/13 2:33 PM GMT
If you can pull off getting your math homework done by Einstein, you can do whatever you like with your cookies...
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Cleverly disguised as a responsible adult...
+purmusic
01/04/13 6:34 PM GMT
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