Legal: Old defunct newspaper shot
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David W. Richardson
Chapelgrove Films
You may not GET repercussions, but you certainly will RISK repercussions. The photo belongs to its copyright owner. They may not know you used it, they may not care if you do -- but they COULD sue you for copyright infringement. The risk is certainly there. It's up to you to decide whether it's worth taking or not.
havasuphoto
Well-known member
I believe this falls Fair Use Act. Read here; http://www.copyright.gov/fls/fl102.html
Some of the legal tests are; will you be profiting from the image? Will you cause the owner of the image to lose any profits?? How long will the image appear in the video??
Is it even possible to contact the copyright holder of the pictures??
I will let you answer your own question, as you know the answers to the above questions better, and I'm not in a position to give you any legal advice on this situation.
Some of the legal tests are; will you be profiting from the image? Will you cause the owner of the image to lose any profits?? How long will the image appear in the video??
Is it even possible to contact the copyright holder of the pictures??
I will let you answer your own question, as you know the answers to the above questions better, and I'm not in a position to give you any legal advice on this situation.
Newspaper reporters work for the paper. All writing and photos are usually property of the newspaper, even freelance. I don't think that because the newspaper is now defunct that the rights revert back to the photographer.
I may be using this lone B & W still in my music video which I'm considering including in my movie possibly for distribution. It simply shows me playing guitar. I was thinking about 4 seconds or so...
I may be using this lone B & W still in my music video which I'm considering including in my movie possibly for distribution. It simply shows me playing guitar. I was thinking about 4 seconds or so...
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David W. Richardson
Chapelgrove Films
I don't think Fair Use covers a music video. Best advice is consult a qualified attorney.
David W. Richardson
Chapelgrove Films
Quoting from that page... (emphasis mine.)
"When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney."
arniepix
Well-known member
When I freelanced as a newspaper photographer, my photos belonged to ME. And I made additional money by selling them some of them after they had run in the paper.
Also, just because the paper is no longer published doesn't mean that nobody owns the rights to its archives.
Steve House
Veteran
Fair Use refers to specifc uses of the image, such as educational use in a K-12 classroom, academic research, criticism, parody, etc as spelled out in the Copyright Act, none of which are even close to covering the OP's anticpated uses of this image. "Profiting from the image" , "causing the owner to lose profits" , and "how long the image is in view" are completely irrelevant to whether a use is infringing, though in some circumstances such considerations might influence the amount of damages. Copyright is infringed when a copyright work is copied without permission. Full stop. Commerical use or not is irrelevant ... if you make copies of a picture that you don't own copyright on and give the copies to your friends or post it on the wall in a public place, you have violated the copyright just as much as if you had sold the copies in a store.
Steve House
Veteran
There's a difference between freelance and regular employee. A freelancer does own the copyright on his images unless there is a written agreement with the paper, signed before the photos are made, that says he is producing work for them as a "work-for-hire." When the paper buys an image from him, they are buying a license to publish it unless there is also a written transfer of copyright. OTOH, a staff photographer who is paid a salary or an hourly wage is an employee, hired to make photographs as part of his regular job duties. He would be working within the scope of his employment and the paper as his employer would own the copyright to any work he produces during his paid working hours.
Tommy K
Well-known member
Is the photo credited in the story anywhere? Usually you'll see something like "Staff photographer- John Doe" at the bottom of the photo or the story. I would do some investigative work and try to track down some people who ran the newspaper or worked there. Maybe someone local can give you some leads. In small communities someone should be able to give you some info on the newspaper and may know someone who worked there.
havasuphoto
Well-known member
I would seek legal advice from an attorney if, using that one picture is that important to you, or your project. That is assuming you've exhausted all attempts at contacting the copyright holder of the image. The way I do things, if there is any doubt about copyrighted material, then there IS doubt, and it is not used..period.
I respect that you had the good common sense to ask the question, and, that you respected the original photographers copyright; that says a lot about you, and your ethics. I wish there were more people like you out there.
But, for four seconds on a video, and with this copyright question looming; I would pass on the image. You will end up spending way to much time talking to an attorney, or trying to track down the copyright holder. And, the fact that you intend to profit from it's use, does not bode well under the Fair Use Act.
My statements in regards to that, were merely for determining damages(as I think someone correctly pointed out). There are certain circumstances with which you can use copyrighted material, and it is clearly spelled out in the Act itself.
Good luck to you.
I respect that you had the good common sense to ask the question, and, that you respected the original photographers copyright; that says a lot about you, and your ethics. I wish there were more people like you out there.
But, for four seconds on a video, and with this copyright question looming; I would pass on the image. You will end up spending way to much time talking to an attorney, or trying to track down the copyright holder. And, the fact that you intend to profit from it's use, does not bode well under the Fair Use Act.
My statements in regards to that, were merely for determining damages(as I think someone correctly pointed out). There are certain circumstances with which you can use copyrighted material, and it is clearly spelled out in the Act itself.
Good luck to you.