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Thread: VERY URGENT Image licensing question.

  1. #1
    Junior Member
    Join Date
    Aug 2000
    Posts
    18
    I submitted an image to the Flashkit Gallery a few weeks ago. I guess it's been pretty popular. Someone made the FlashTracker using it:
    http://flashkit.com/tracker/index.ph...rt%2C+Tasmania

    I was flattered and felt HONORED! Since then I've gotten about four people who would like the rights to use it for projects.

    Some of them want to use it commercially, and others just for fun/edu.

    I scanned a poster called "The Living Earth". I bought it about five years ago and it sat on my shelf for a while until I bought a scanner and needed something to scan. I scanned the poster in six passes, then stitched the scanns together to make one final image.

    Does this give me rights to let anyone use my scan without getting into trouble with the poster manufacturer? Which, by the way, I have no idea who they are since I lost the poster.

    I JUST WANT TO LET ANYONE USE IT FOR WHATEVER FOR FREE.

    http://www.flashkit.com/gallery/Geog...65/index.shtml

    I have a job. I don't want any money for this thing, but the company that created the poster might. I just wanted to know if I can rest easy and worry about intellectual property hassles.

    thanks
    -=harryo=-

  2. #2
    Senior Member
    Join Date
    Sep 2000
    Posts
    148
    you'll have to find out who owns the copyright. it is possible that the art is public domain, but not that likely.

    in the event that the art is public domain, then you are fine to use it for any purposes.

    if it is not, then you cannot use the art without violating copyright. you can use it for parody, or a small sample of it for educational use and that's it.

  3. #3
    Junior Member
    Join Date
    Aug 2000
    Posts
    18

    So they can use at their own risk???

    ...or is it still MY risk if they use it?

  4. #4
    Senior Member
    Join Date
    Sep 2000
    Posts
    148
    well, if you're not selling it or presenting it as your own work it'd probably be their risk.

    no one would sue you for personally using this, but if someone else sold it there may be a suit and if you didn't properly explain that you didn't own the rights, you could be named a co-defendent.

    i'd just get something signed that was an aknowledgment that you did not own the rights to the image.

  5. #5
    Senior Member
    Join Date
    Nov 2000
    Posts
    265
    good morning,

    i don't know for sure if different rules apply for different
    countries, but i think it does.

    in germany the copyright thing is a rather heavily
    restricted thing, and in your case you'd been held
    responsible if the original author of this poster wanted
    to.

    to be on the safe side:

    1) almost everything in the way of art or graphic design
    is protected by copyright in any case (it's called
    initiator right or something like that). don't use any
    images without asking. (besides, politeness demands that)

    2) get yourself a book about the legal position in your
    country.


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