Use of information contained in picture, NOT picture itself.

[Jamie99]

Hi All!

Does a user need any permission whatsoever, to make use of visual and parametric information contained within images (specific measurements) in a book, for research purposes(possibly published research)? No images are actually published in the research, just the specific information of certain aspects of the subject.
As an example,it could be a statistical research project based on images of crowds taken from above, researching the proportion of brown haired people according to location and crowd density, or something similar.

Is the answer “of course not”? or might there be some circumstances where copyright may be infringed?

Many thanks,

 

[FlyingRon]

Measuring such parameters from pictures would appear not to be copying the creative (i.e., protected) aspect of the work.

 

[Jamie99]

Thanks Ron,
I tend to agree, the measurements or chosen parameters that I would be collecting, are not dictated by the photographer's creativity, but are "imbedded" within the subject matter and their individual structures , and are nothing to do with creative expression!

Any other thoughts most appreciated.

 

[Jamie99]

The images are from a published book.
The scenario is not dissimilar to the following:

-Imagine photographs of separate DNA chains.
-Assume my skill resides in DNA fingerprinting techniques.
-DNA fingerprinting had not been carried out on the samples, nor pictures, for whatever reason, but the images contain ample visual and parametric information to determine whether parental links exist between these chains.
-All the DNA on display is supposed to be from individuals from one family group, but the relationships have not been established prior to publication.
-I am able, after testing and in some cases, to determine exactly the relationship between two or more DNA photographed samples.
-I find, upon analysis, that very strong links exist, which totally support the text accompanying the photographs.

I suppose up to now I am ok.?? (or maybe not?)

BUT, one image, clearly,upon analysis, does not fit any known genetic patterns for that family group, and in fact belongs to an entirely different group, the reference data of which is in my reference database.
This information, if it were published would have huge implications for the family.
I have to say that so far the last paragraph is totally fictional, as this occurrence has not happened, but it may.

I hope this may generate comments, as to what type of attorney I may need to consult as it appears to be quite a specific case and can’t really find appropriate information on line.

 

[quincy]

You are being very mysterious, Jamie99, and that is fine - but it makes it darn near impossible to determine if your proposed use of copyrighted material is okay or not.

For that reason, I suggest you consult with an attorney in your area. I have no clue what sort of attorney you will want to consult, because I am not convinced that this is a copyright issue best addressed by an IP attorney. Whatever type of attorney you decide on, however, this attorney can review all of the facts of your proposed use of the material, keep the facts of your proposed use confidential (if confidentiality is a concern of yours) and, after a review of the facts, can advise you accordingly.

As a note on the DNA example you provided though: While it would not be copyright infringement to take facts from a published photo (for example, the number of brown-haired individuals in a family photo) and use these facts for your own purposes (for example, teaching a genetics class), some uses of these facts could potentially infringe on other rights (for example, privacy rights).