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Help with copyright


Smudger

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Did the person you purchased the picture from, know what your intentions were when they sold you the picture? Did they actually own the picture, or, were they selling someone else's work? Did you ask for permission to make a pattern from their picture, and are you planning to post the pattern for free, or, to sell? Oh yeah, one last thing, I wouldn't risk my house and possibly everything I own, on any information gained here.

Len

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Had a course in College on this just last year.  

 

The Photographer OWNS the rights to the photograph up until he / she surrenders the original picture, negative (if any) or has contractually indicated ( should be in writing ) that he /she abdicates all claim to the rights of the photograph.  Now this is here in the US not sure about Europe although generally they follow the same guidelines. If I have read the proper areas of the Copyright Code of the EU the photo is considered a work of the owner and it is treated much like the law here in the US.  The issue here is not the photograph however but the derivative work created from the photograph.  While the photograph belongs to the photographer the derivative work created from the photograph would belong to the creator.  In other words you are not duplicating the photograph but making an artistic interpretation of it and that artistic interpretation is yours to do what you wish.    

 

DW

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I've put my armchair judges hat on and taken a thorough look at all the evidence ......

 

It is my considered judgement that if you end up in trouble with making a pattern of your own children, from a photo you had commissioned and paid for, then cut a scrolled portrait as an additional family memento, to be hung in your own home, never to be sold .....  well ..... then the rest of us are pretty much fugitives at large ......

 

 

Jay

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Even if you use other's family photos to make portraits, it falls under the works of art part of US copyright law.

Fine and dandy if you live in the US.  I can think of 4 countries right off the top that do not honor copyrights.  Generally you are correct though.  Best to use your own pictures, drawings or use public domain pictures and graphics and if you do want to use someone else's get permission in writing .  That is not always easy to accomplish.

 

DW

Edited by DWSUDEKUM
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Been reading this. I doubt the photographer would give you any trouble. I have done this and seen it done many times over. SO ifg nothing else we would all be in good company and the jails would be way over crowded. I would be a lot more ocncerned if this was dealing with a ergistered logo then a family photo.

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