Starting a business

[mks2817]

What is the name of your state? North Carolina

I have two questions:

1st questions: I'm wanting to start my own greeting card business using photos taken by me and my brother-in-law who's a photographer. Do I have to seek permission from the individuals in the photos? My brother-in-law is going to give me the photos at no charge. I recently saw a greeting card with President Bush, was his permission needed? What about landmarks or places such as the Biltmore House in Asheville, NC?

2nd question: Can I use clipart from software I've purchased (Microsoft, Picture it, etc.) on greeting cards I intend to sell?

 

[JETX]

Your question actually raises two separate copyright issues.

1) Copyright of the original photographic image. A photographer can copyright the image and it would be protected. However, most photographers, based on sheer numbers, do not copyright the images. Publishers used to get what was called a 'compilation copyright' which was thought to also protect the individual photographs, but the courts have ruled that to not be correct (Morris v. Business Concepts, Inc.; No. 99 Civ. 59 RCC., Uited States District Court, S.D. New York.).
Simply, if it is copyright protected, you cannot use it for commercial purposes.

2) Digital image. The Digital Millennium Copyright Act (DMCA) which went into effect in 1999, was adopted to help protect material distributed in digital form. Under the DMCA, it is a separate act of infringement to remove, alter, tamper with or reverse-engineer any copyright protection mechanism or management information. In order to take advantage of this law, however, the DMCA is not clear on whether the copyright protection and management information must also be registered. Consequently, photographers and agencies should register this material in compilation form, covering both bases to ensure their rights under this new law.

As for your use of clipart... you will have to review the license provided with the specific artwork or package.

I suggest you review the content at:
http://www.laderapress.com/laderapress/copyrightlaw1.html
http://www.essential-connect.com/essential_image/gallery/abtusg.html
http://www.nylawline.com/articlephotog1.htm

 

[mks2817]

Thanks for your reply.

Okay, so if the photographer has copyright on his images, then I would only need to get his permission and not the permission of the individual in the photos, correct?

 

[JETX]

Not exactly.... you are asking for an 'all inclusive' response and one simply cannot be made.

Here is a scenario.....
photographer takes candid picture of somone with no intent for commercial use. A model release or permission of subject is not required.

Now, you come along and want to use that picture for a commercial purpose. You would need to make sure that the photographer got a release. If they didn't, then you could be in violation of the subjects 'commercial value', not necessarily copyright.

 

[mks2817]

That makes perfect sense. Thank you so much.