Copying Images

[PixelPerfectWeb]

What is the name of your state? Washington

Ok here is the deal, I am going to make, sell, and earn a profit off of a image I copied from Deviantart.com, I contacted the the original owner of the graphic and said

Hi there buddy,
I was browsing around Devinat Art and I came across upon your artwork "The Tree" and it amazed me and gave me a really neat idea for my school. I was wondering if you would be so kind as to give me the permission to use your artwork "The Tree" as displayed on your Deviant Art for a school project. Thanks a lot!

He Replied:

You have my permission to use 'The Tree' for your school thing. All I ask is that I be credited in some way (eg. "Artwork by [omitted]. Used with permission. [link]" or something to that effect). I'd be interested to see the final product so if you could send me a picture of it in situ that would be great.

My Question is, do I have to tell him that I am making a profit, and how do I know for a fact that his image is copyrighted, just by saying "My Image is Copyrighted" Doesn't actually mean it is, correct? don't you have to sign papers? Also is a email message like this going to protect me in the court of law?What is the name of your state?

 

[divgradcurl]

My Question is, do I have to tell him that I am making a profit

No. But if you don't, he could sue you for copyright infringement. He gave you permission to use the work in your school project, that's it. Anything else is outside the scope of the license.

how do I know for a fact that his image is copyrighted, just by saying "My Image is Copyrighted"

All creative works are automatically covered by copyright as soon as they are created.

Also is a email message like this going to protect me in the court of law?

Maybe. A signed contract is better.

But this email chain will hurt you as much as help you. You specifically delineate the scope of the license when you say "I want to use it for a school project." No court is going to find that to mean "use this for whatever purposes you want, including for profit purposes." Plus, he acknowledges giving permission for the school project only -- there is nothing in his reply that suggests he is giving you any broader scope of license than what you asked for.

If you want to use this image, just be up front with him and negotiate a license for what you really want to do.

 

[PixelPerfectWeb]

ok how is this:

Ok Luke, I am going to be upfront with you on this, Its cool that your letting me use this just for a school project, but I neglected to leave out the fact that this is going to be for a t-shirt, and I am going to be selling it (to about 80 - 100 fellow students and staff) and making a small profit. If you revoke your permissions for me to use this, I will have to use another image. I'm sorry. I was really set on using this image...

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So can I use this image "The Tree" as seen on deviant art Monday, September 24, 2007 as apart of a t-shirt design that will be sold to fellow classmates, teachers, and friends?
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we are a really small school and we are all crossing our fingers.

 

[The Occultist]

As long he says you can use his image for a purpose, you can use the image for that purpose. So yes, if you can get him to agree to those terms (and as Div suggested, a written contract would really be much better than an email), then you can do so. If he says no, then you must find another image to use. Legally speaking, anyways.