Trouble - DPChallenge Forums

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

03/02/2007 03:21:45 PM · #1

I'm going to provide this photograph for a poster design which will be used for a performance of Berthold Brecht's Dreigroschenoper.

The director wanted to have a subtle photograph of Brecht himself in there, of the ones he provided I picked this one:

Is the image in the background altered/incorporated enough not to run into trouble with copyright? Does the fact that it is for a play make a difference?

kenskid

Nikon D700

03/02/2007 03:30:04 PM · #2

If you don't have the rights to the pic of the man with the glasses and you put it "up the stairs" in the "hallway" photo...I think they could call you on it. I can tell that it came from the original...

...BTW....I'm usually wrong on these things !

Message edited by author 2007-03-02 15:30:26.

Canon EF 100mm f/2.8 USM Macro

03/02/2007 03:44:44 PM · #3

What if I draw a vector based on the photograph and use that in the final picture?

TechnoShroom

Canon EOS-30D

03/02/2007 03:48:17 PM · #4

Originally posted by gloda:

What if I draw a vector based on the photograph and use that in the final picture?

A copy of a photo in another medium can still be considered a derivative work and a copyright violation.

In the current scenario though I would tend to think your use of the image would fall under fair use.

kenskid

Nikon D700

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

03/02/2007 03:49:40 PM · #5

I'm not sure and can't believe no one else is chiming in on this! Maybe it is the title "trouble" that is keeping them away !

Originally posted by gloda:

What if I draw a vector based on the photograph and use that in the final picture?

kenskid

Nikon D700

Nikon AF-S NIKKOR 24-70mm f/2.8G ED

03/02/2007 03:51:28 PM · #6

...but what I think she means is that she is using another photographers photo w/o giving credit or getting an ok ...

Originally posted by TechnoShroom:

Originally posted by gloda:
What if I draw a vector based on the photograph and use that in the final picture?

A copy of a photo in another medium can still be considered a derivative work and a copyright violation.

In the current scenario though I would tend to think your use of the image would fall under fair use.

karmat

Apple iPhone 7

Canon EF 70-200mm f/4.0 L USM

03/02/2007 03:56:38 PM · #7

would it be possible to contact his estate and get permission?

Sigma 30mm f/1.4 EX DC HSM for Nikon

03/02/2007 04:10:47 PM · #8

Brecht is dead since 1956, I don't think he has an official estate. I've seen the image on one website which gives dpa (news image agency) as source. The image is quite popular and has been used for CDs, books and... stamps. The latter of which, according to Wikipedia, is in the public domain. //en.wikipedia.org/wiki/Image:Bertholdbrechtddrstamp1.jpg
So, does that mean I could just take the image from the stamp and use that instead of the original image?

ShaneBlake

Nikon D7100

03/02/2007 04:10:57 PM · #9

to me, it looks like the photo is painted on the back wall at the top of the stairway landing. (i like the look of it, btw...)

my question is this: if it were actually painted there, and your photo was that photo, painted on a wall, would it be derivative? would it be illegal?

i agree w/ karmat, though... i'd try to get permission to be safe...

Samsung Galaxy S24, S24+, S24 Ultra

03/03/2007 01:23:27 PM · #10

Bump. Any more opinions on the public domain stamp?

Bear_Music

Sony Vario-Tessar T* FE 24-70mm f/4 ZA OSS

03/03/2007 02:53:30 PM · #11

YOU don't have a problem: the art director does, if anyone does. He gave you an image and said "use it", you used it. If anyone cares enough to go after anyone on this usage, it will be the agency they go after, whoever is creating the marketing materials. Don't worry about it. It's not your job to second-guess the art director on the legality of his images.

Realistically, I don't think it's going to be a problem anyway.

R.

soup

Canon EOS-30D

Canon EF 17-40mm f/4.0 L USM

03/03/2007 05:09:58 PM · #12

i was thinking along the same lines - but didn't post because i didn't have any 'truth' to back it up. sensibly, mis-use should fall back on the one that is in charge of the media campaign - who then provided you with the image to create something with it for them.

Originally posted by Bear_Music:

Message edited by author 2007-03-03 17:11:35.

BeeCee

Nikon D40

Nikon AF-S DX Zoom Nikkor 18-55mm f/3.5-5.6 ED

03/03/2007 05:17:40 PM · #13

This looks pretty much like the flip-side of the coin discussed here;

regarding altered DCPers' photos.

soup

Canon EOS-30D

Canon EF 17-40mm f/4.0 L USM

03/03/2007 05:24:43 PM · #14

it's kind of unfortunate librodo hasn't chimed in on that thread.

at this point with either of the discussions there is no 'proof'.

the image in question in this thread might] be legally accounted for.

the image in the other might also have been legally used.

i only like to speculate so far.