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DPChallenge Forums >> Current Challenge >> Advertising Challenge- Copywright
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04/30/2002 04:18:42 AM · #1
Fromt he official rules:

Photographs including paintings, sculptures, photographs, and other art work must not infringe any copyrights. Moreover, the artwork must not constitute the entirety of the subject of your photograph.


Just to check, how does this affect this challenge?

If I take a photo of a hot girl drinking a can of coke am I using the artwork of the can and liable for disqualification?
04/30/2002 04:38:13 AM · #2
no
04/30/2002 04:58:53 AM · #3
Originally posted by cbonsall:
Fromt he official rules:

Photographs including paintings, sculptures, photographs, and other art work must not infringe any copyrights. Moreover, the artwork must not constitute the entirety of the subject of your photograph.


Just to check, how does this affect this challenge?

If I take a photo of a hot girl drinking a can of coke am I using the artwork of the can and liable for disqualification?


Mind if I borrow the hot girl after? I'll supply my own can of coke <g>

04/30/2002 05:00:58 AM · #4
I have been wondering about the copyright infringement issue too. Is it okay for us to show an actual product on the market without worrying about lawsuits?
04/30/2002 05:14:41 AM · #5
im pretty sure that you can take a picture without infringing copyrights; especially since we're voting on them. in any event, if something is a problem for some company they probably wont even come across it here. after that, if they do find it, the digital millennium act allows for the web master to take the picture down before suit is filed.
04/30/2002 07:12:56 AM · #6
I'm sure it could be technically construed as a breach of copyright, but it probably falls under 'fair use' otherwise any snapshot taken with any products in it would be illegal.

It would only be an issue if you were trying to make money from it I'd guess. I also assume that that rule is suspended in part for this challenge, but it would be good to get it cleared up...
04/30/2002 07:14:43 AM · #7
Originally posted by cbonsall:
Just to check, how does this affect this challenge?

As far as copyrights go, this site is both non-profit and educational, so we're willing to give it a shot with this challenge. One could also argue that some of the photographs will be parody if you try to recreate an ad or ad-type you've seen.

Drew
04/30/2002 08:26:55 AM · #8
There is no copyright rule that says you can't take a picture of a can of coke an post it on the internet....

04/30/2002 09:13:24 AM · #9
Originally posted by jmsetzler:
There is no copyright rule that says you can't take a picture of a can of coke an post it on the internet....



Actually there probably is - see all the lawyers chasing after fan-sites of star-wars etc. However, you could probably easily argue that
what we are doing here is a dreivative work, rather than a straight copy (assuming the people shooting the picture actually does something other than a very literal representation)

Too much information here

oops. just realised, derivative works require assignment of copyright. But in general I think we are okay if we don't sell the images!



* This message has been edited by the author on 4/30/2002 9:18:36 AM.
04/30/2002 09:15:54 AM · #10
Exactly. And this is really the issue if you're making money with the use of their image. I'm certainly no legal expert (maybe there are som here), but I'm pretty sure that's why logos are often blurred out on TV.

Drew
04/30/2002 09:39:19 AM · #11
It's better to do now and ask forgiveness later... i think i saw that as a tag line on someone's post here... :))
04/30/2002 09:46:32 AM · #12
Just as long as nobody comes after me and they don't take down our beloved site, I'm fine with it.
04/30/2002 11:17:21 AM · #13
Another good site, if anyone has other questions about internet and copyright is www.whatiscopyright.org
I was going to cut and paste some of what they said about similar topics as we are discussing here, but at the bottom, they kindly ask for that not to be done.
04/30/2002 11:36:23 AM · #14
Originally posted by karmat:
Another good site, if anyone has other questions about internet and copyright is www.whatiscopyright.org
I was going to cut and paste some of what they said about similar topics as we are discussing here, but at the bottom, they kindly ask for that not to be done.


I find it delightfully ironic that after reading a web site on copyright your first thought was to breach the copyright and post it to another web site :)

04/30/2002 11:39:43 AM · #15
Sick puppy, aren't I? :-)
04/30/2002 11:44:53 AM · #16
As Drew stated, this is educational and nonprofit, so basically anything goes ... those 2 words being the key. Besides, the photo is your property, much as Andy Warhol painted the Campbell Soup labels ... and the reason you see the labels blurred out or changed on TV is advertising or endorsement reasons ... for instance they dont want Buffy advertising for a certain brand of wooden stakes unless that company pays for that. This is done all the time in the movies. Pierce Brosnan wearing an Omega watch in James Bond or Tom Cruise driving a BMW in MI.
There are other things and reasons, but they don't really apply to what we do on this site, so there isnt much need to ramble on about the legality of these things. Just know, you wont get sued. If anything, it is art and art has a lot of freedoms. For instance, if you use a Coke can in your photo, it can be said that you could have used a Pepsi, Dr Pepper or other soft drink ... the photo is your work, not the can. Ok, I hope that confuses the issue enough.
04/30/2002 01:04:48 PM · #17
As others have said, taking pictures of products and posting them (based on the intended use of this site) here or in your portfolio is not a problem. However - the hot chick holding the can is another issue. Use someone you know very well and won't sue if you do not want to have her sign a model release. Posting her picture here is considered publishing. You should get a release before you add her to your potofolio of hot chicks holding cans. :) Make sure what you plan to do with the photo is discussed.
04/30/2002 01:23:39 PM · #18
I agree you definately need someone's consent to publish the photo. I was asked why I didn't have people in my Last Gathering photo. Aside from my deeply personal reasons for not having people, I wouldn't dream of running around after a funeral to get mourners to sign a release or risk lawsuits. We all need to keep this in mind when publishing any photo of another person.
04/30/2002 02:25:44 PM · #19
Unless the picture is so bad that they gonna sell less, I don't think any company is gonna complain about the free advertisements that will be published on this site :-)
04/30/2002 03:24:19 PM · #20
Unfortunately the hot girl with a can was a purely hypothetical situation.
humph

I was more concerned about disqualification due to copywright than being sued.

Thats all sorted now though.
04/30/2002 06:03:45 PM · #21
and...I used the hot girl with the can as an example. It wasn't directed at you personally.
04/30/2002 06:09:20 PM · #22
Originally posted by karmat:
Another good site, if anyone has other questions about internet and copyright is www.whatiscopyright.org
I was going to cut and paste some of what they said about similar topics as we are discussing here, but at the bottom, they kindly ask for that not to be done.


That would be a funny copyright to violate.
04/30/2002 07:31:23 PM · #23
except is the reason because they dont want you to violate their copyright or because they dont want some of the info repeated out of context?

04/30/2002 08:07:25 PM · #24
Originally posted by drewmedia:
As far as copyrights go, this site is both non-profit and educational, so we're willing to give it a shot with this challenge. One could also argue that some of the photographs will be parody if you try to recreate an ad or ad-type you've seen.

Drew


So, for the record, is it ok to re-create an ad? My idea is based on doing this.


* This message has been edited by the author on 4/30/2002 8:08:32 PM.
04/30/2002 08:23:30 PM · #25
Originally posted by shortredneck:
We all need to keep this in mind when publishing any photo of another person.

ONLY if the person is recognizable. If their face is bathed in shadows, they are far enough away, or not looking at you, then there is no model release needed.
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