Copyright Infringment...........................

[Gino]

I have a question on something I'm about to do.

I needed a picture of an American Flag for a backdrop on some banners for a 'Memorial Day' function.

I couldn't find any I liked except for one that was to have a charge. I copied and pasted it into Photoshop and cropped out almost 90% of the picture... keeping a very small portion of it. There is no resemblance at all to the original. I don't even think the originator would be able to tell it was his picture.

Now, the customer knows he might have to pay for this, but do you think it's necessary since I eliminated almost the entire thing ?? Besides, it's only a backdrop.

If I need to post up the file I will, but without seeing it.... what's your opinions or knowledge on this one.

All feedback will be appreciated... good and bad.

Gino
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It's like using this ... and ending up with this
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[Bigdawg]

Personally am with you.... but...

if you are using part of a pay-for file, you really should buy it. It wasn't a here-you-can-use-a-corner-of-my-file-for-free file... the guy that created could probably care less that you only used a part of it. It was HIS part - not yours.

just my thoughts...

 

[btropical.com]

Put Donald Trumps name anywhere on it you should be good to go , pay 10% to the owner . and drink a crap load of this

 

[jiarby]

where did you get the one in your avatar??

 

[Fred Weiss]

The copyright to all or any part of the original photo belongs to the originator. You saved time by using it and it helped you to arrive at your desired result.

Of course, you should pay for using it.

 

[Pat Whatley]

Thief! :Big Laugh

Seriously, if I broke in your shop but only took 10% of the money in the register would you be okay with that? (wait....that sounds like our local tax department)

 

[Gino]

Fred, I should've said 'WAS' about to do.​

That's why I posted. I already knew the answer and I guess I was looking for someone to tell me something was right..... although I knew it was wrong.

I've been wrestling with this since yesterday and the guy had a sob story about if he had to pay he would, but being an old war vet, he didn't think he'd get in trouble and I told him HE wouldn't.... I would.

I only used the one that had the statement that it might be subject to some copyright and he liked it immediately and didn't want to change it. I was simply going to make it easy on myself and not go any further, but I'm gonna find a safe one and hopefully he won't know the difference and if he does, I'll just tell him it would've cost about $150. That should quite him down.

When I find a new one, I'll post the two.​

 

[signswi]

Copyright is still in play in this scenario, you should buy it. Or break the law, but know you're breaking the law.

 

[phototec]

50%, 30%, 10%, cropped, background, doesn't matter, Stealing is Stealing!

What part of this do you NOT understand?

Judge, I only stole 10%, so it's ok, right?

 

[J Hill Designs]

whats with all the silent promo, jaX? trying for backlinks perhaps?
:Oops:

 

[Gino]

Well, that didn't take long to find a similar one.

One is free and the other one said 'This image may be subject to copyright.'

Can you tell which is which ??

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[signswi]

How do you know the one is free? Need to be in a release, usually as Creative Commons - Commercial Allowed Derivatives Allowed No Attribution Required or something similar. Everything is copyright no matter if it explicitly says copyright or not, copyright is attached to a work creation at creation by default.

 

[webguru]

Well, that didn't take long to find a similar one.

One is free and the other one said 'This image may be subject to copyright.'

Can you tell which is which ??

View attachment 63607
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#2 is the free one

 

[Pat Whatley]

Top one looks a whole lot better.

 

[John Butto]

copying

You can go to a museum and copy a Rembrandt or any other artist to the exact detail, but you cannot make it the same size is the only restriction.

 

[threeputt]

You can go to a museum and copy a Rembrandt or any other artist to the exact detail, but you cannot make it the same size is the only restriction.

What is your source for that info?

 

[SignManiac]

I have many flags on file. I took my good camera out and took all my own photos. I own mine so no issues..

 

[bob]

What is your source for that info?

Any image pre 1921 that has not specifically had a copyright renewed post 1921 is in the public domain. You can copy any of the old masters any size you want including the size of the original with impunity.

 

[grafixemporium]

They both look terrible. Do you really give your customers images that you pull off a web page a blow up? With all that pixilation?

Do yourself a favor. Go to a stock photo site and buy a couple of high resolution waving flag images. You can use them in different applications. If an image or two breaks the bank, then you have other problems to worry about.

And if the guy doesn't have any money to pay for the project... well then he shouldn't expect you to cough it up -- and break the law in the process. How does that make sense? If you feel like being generous and donating your time and resources to his project, fine. But that doesn't give you the right to steal other people's work and give it away too.

 

[grafixemporium]

One other thing... if you don't have the funds to buy the rights to use a waving flag pic, you can also make one pretty easily. Draw yourself an American flag in Illustrator. Then using texture overlays and displacement maps in Photoshop, you can make your own photorealistic waving flag complete with a realistic cloth texture.

Just do a Google search for "Photoshop Waving Flag Tutorial" and see what you find.

Here's a small sample of a huge checkered flag I created from scratch for a part of a wrap design. This thing printed super crisp on the side of a 12' box trailer... you could see every thread in the cloth texture.

 

[GAC05]

What about the other side of the coin?
United States Code Title 4 Chapter 1 — The Flag
8. Respect for flag
i. The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.

Does this apply? Does it mean flag imagery should not be used or that a physical flag should never be part of an ad?

It's done all over the place but is it right?

wayne k
guam usa