Question by Schrodinger: What would be the legal concerns in this image copy write situation?
I found an image on the internet: I don’t know the source. I edited the image so that it would look different: more specifically, I creatively censored some… less desirable parts, so that the image edged closer to PG-13. What kind of stuff can I legally do with it? I want to post it to, say, deviantArt. I would put in my comments a disclaimer that the image was not mine, but was modified by me. Is this legal to do?
Best answer:
Answer by ded
I’d say as long as you make it clear that the original is not from you, and you do not make any money with it, then it should be OK under the fair use clause.
Know better? Leave your own answer in the comments!
Tagged with: concerns • copy • image • legal • situation • this • Would • write
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Don’t think this falls under Fair use since from what you say you pretty much left the pic as it originally was. See the guidelines below:
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Technically, you shouldn’t have even edited it. Any images that aren’t posted on a commerical site are copyrighted and illegal to use for your own purposes.
It’s not legal to do what you are suggesting if you don’t give credit to the actual source. So if you don’t have the source and you don’t have their permission to use it, I wouldn’t.
Go to compfight.com and click on the word next to Creative Commons until it says commerical…it runs a little slow, but if you type something in and find an image, you can use those LEGALLY.
It wouldn’t be legal to post it on deviant art. I would look around for another image to edit.
http://www.copyright.gov/
http://www.copyright.gov/help/faq/faq-fairuse.html#change
so the answer is no, you cannot legally edit and submit anything unless you have permission.. and if you do not know the source, you need to pay them to search
If there is no clear source for the image, then it is likely a stock photo. There are things called stock photos and stock footage which are public domain, meaning anyone can use them. TV and film studios do this all of the time.