What are the copyrights on a picture?

[DeatH_StaR]

For some reason I can't post new messages...

There are images that are in the public domain and those you can use. With images that are NOT in the public domain, however, you can run into not only copyright issues but publicity/privacy rights issues, when you do not get prior permission from the holder of the rights.

Are you in the U.S., DeatH_StaR? Copyright laws can be similar in other countries, but they also vary in significant ways.

The U.S. Copyright Office site is: http://www.copyright.gov. Privacy and publicity rights vary by state in the U.S.

What are the free sites? How can I be sure the images are really in the public domain and I will never be sued?
I'm from Israel, if that matters. Unfortunally we too have copyright laws...

and justalayman - I'm asking lawyers now And also - famous people can appear in movies. Can't I somehow take or obtain their picture legally? Freeze frame or something?
And by paintings I mean - Yes - I'm drawing. If i'm drawing someone, can there be problems with the publicity if i'm using it?

 

[quincy]

For some reason I can't post new messages...



What are the free sites? How can I be sure the images are really in the public domain and I will never be sued?
I'm from Israel, if that matters. Unfortunally we too have copyright laws...

and justalayman - I'm asking lawyers now And also - famous people can appear in movies. Can't I somehow take or obtain their picture legally? Freeze frame or something?
And by paintings I mean - Yes - I'm drawing. If i'm drawing someone, can there be problems with the publicity if i'm using it?

Israel, huh? This site is for U.S. legal questions and concerns only, DeatH_StaR.

I suggest you contact a legal professional in your area of the world. Even though there are similarities in the copyright laws between countries, and treaties that bind us, there are enough differences in the laws to potentially make advice offered here not applicable to you there.

Sorry.

For DeatH_StaR's original thread, same topic, see: https://forum.freeadvice.com/copyrights-trademarks-39/what-copyrights-picture-602714.html

 

[TheGeekess]

For some reason I can't post new messages...



What are the free sites? How can I be sure the images are really in the public domain and I will never be sued?
I'm from Israel, if that matters. Unfortunally we too have copyright laws...

and justalayman - I'm asking lawyers now And also - famous people can appear in movies. Can't I somehow take or obtain their picture legally? Freeze frame or something?
And by paintings I mean - Yes - I'm drawing. If i'm drawing someone, can there be problems with the publicity if i'm using it?

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[FlyingRon]

Israel is a signatory of Berne (in fact way before the US got their sorry ass in line with the rest of the international community).
Berne country members do not have to DO anything to obtain copyright. You can assume any picture that you haven't shown to already be expired in copyright or explicitly placed in the public domain to be protected by copyright in Israel, The US or any of the other 165 countries who have signed.

 

[DeatH_StaR]

I asked about the law because I want to know the rules in the U.S. not in israel.

 

[FlyingRon]

I asked about the law because I want to know the rules in the U.S. not in israel.

As stated, the rule is the same in the US, Israel, or any of the other 165 signatories of the Berne Convention.

 

[justalayman]

Death Star:

Stealing an image from a movie is copyright infringement. Just because you took a screenshot of the copyrighted image you saw on your screen does not remove any of the copyright protections.

As to you painting your own painting. If you are copying a copyrighted image, your work would be a derivative work and as such the underlying image within your painting is still covered by copyrights you don't own.

Additionally you have ignored the concern of a celebrity owning their publicity rights. Depending on exactly how you use an image (even one you own the copyrights to), the celebrity in question may still be able to prevent your use of the image as you are. For some good info on publicity rights of a celebrity, research those of Albert Einstein. The owners of his publicity rights are very active in defending those rights and finding information on the subject is easy. Then take that and expand it to your situation and specific celebrity.

 

[quincy]

I asked about the law because I want to know the rules in the U.S. not in israel.

For a brief overview of publicity rights in the U.S., and links to additional material, you can visit the following Cornell University site: http://www.law.cornell.edu/wex/publicity.

To see how our laws on publicity rights compare to yours, here is a link to a Social Science Research Network paper from 2010 available for downloading: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1422131.

Public domain materials as described by the US Copyright Office can be researched at the link I provided to you in your other, first thread.

I suggest you consult with an attorney in your area before using any materials that are not of your own making or that is an image of a person, so that you avoid infringing on anyone else's rights.