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   Using newspaper pictures.
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   Author  Topic: Using newspaper pictures.  (Read 3209 times)
Floyd Baker
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Using newspaper pictures.
« on: May 30th, 2004, 7:16pm »
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Hello.  
 
If a newspaper takes pictures of something owned by others, can those others use the pictures as their own, specifically to make money?  If no, is there a time limit where it could be done?  Or other circumstances, such as explaining that it is a newspaper picture included in a news piece the paper did about their property?    
 
I understand it is ok to reprint less than 5 percent of a publication for 'review' purposes?   Is that true and if so, does it include pictures?  
 
Lastly in a co-authored publication, can one of the authors make changes and additions and do a second printing without permission of the other author(s)?  
 
Thank you.
 
Floyd
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M. Arthur Auslander
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Re: Using newspaper pictures.
« Reply #1 on: May 31st, 2004, 7:23am »
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Dear Floyd Baker,
 
The law is not just cut and dried, it has to be understood to be worked with. If abused, as it often is not every transgression is caught or challenged. But when they are is it usually expensive to all concerned.
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M. Arthur Auslander
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Re: Using newspaper pictures.
« Reply #2 on: May 31st, 2004, 1:19pm »
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The answers may change depending upon any further facts you supply, but simply:
 
- generally, a picture of something else is still itself an indepedently created copyright work, even if it infringes whatever it took the picture of, and the original person has no automatic right to use the picture;
- there is no time limit other than the life of the work (author + 70 years, e.g.);
- there may be fair use considerations, more detail required;
- "5 percent" is a thumb in the air - it depends upon quality of what is being reprinted, how "substantial" it is of the original authors effort, but generally there is a greater allowance for "review or criticism" (where it really is this, and not just a "colourable" attempt at leveraging the original work for some other purpose);
- pictures can be used in general, but beware: e.g. in the UK, the exceptions for fair use in "current affairs" specifically exclude pictures because of their known commercial value in such cases, thus you could be caught out;
- the co-author would be infringing, because said work is a derivative of original work: however there may be contractual issues between the authors that allows this;
 
You are asking abstract questions: which is virtually useless because much of these issues turn on the specific facts, thus you need professional advice.
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Re: Using newspaper pictures.
« Reply #3 on: May 31st, 2004, 5:08pm »
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Dear m,
 
You can (I believe) get a valid copyright which is a copy of someone else's copyrighted picture. Using that picture will not protect you from being stopped by the original copyright proprietor.
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M. Arthur Auslander
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Floyd Baker
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Re: Using newspaper pictures.
« Reply #4 on: May 31st, 2004, 9:05pm »
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on May 31st, 2004, 1:19pm, m wrote:

 
- generally, a picture of something else is still itself an indepedently created copyright work, even if it infringes whatever it took the picture of, and the original person has no automatic right to use the picture;
 
ok.    
 
- there is no time limit other than the life of the work (author + 70 years, e.g.);
 
Not what our forefathers intended, eh?  
 
Btw; on what year of origination does that apply...?  
That is, I collect postcards for instance.  I understand that there is/was a 25 year from publication date for these to become public domain.  That would make it  those published prior to 1975.  But if it was increased to 70 years recently, wouldn't that include a grandfather for anything that was already public domain?  
 
 
 
- there may be fair use considerations, more detail required;
- "5 percent" is a thumb in the air - it depends upon quality of what is being reprinted, how "substantial" it is of the original authors effort, but generally there is a greater allowance for "review or criticism" (where it really is this, and not just a "colourable" attempt at leveraging the original work for some other purpose);
 
Speaking of newspapers, what else would 'review' consist of other than critisism?   <g>
 
- pictures can be used in general, but beware: e.g. in the UK, the exceptions for fair use in "current affairs" specifically exclude pictures because of their known commercial value in such cases, thus you could be caught out;
 
I am in the U.S. looking for pictures for a history book I am writing.   The pictures are 20 or more years old but the subject is still rather current.
 
- the co-author would be infringing, because said work is a derivative of original work: however there may be contractual issues between the authors that allows this;
 
Ok then forget the modifing.   2 authors, 1 book.  One author wants to do another printing, the other does not.  Can the first one do a reprint if he abides by all the original arrangements and agreements as to compensation, etc?  
 
-You are asking abstract questions: which is virtually useless because much of these issues turn on the specific facts, thus you need professional advice.

 
I thought bering vague would get me a more cautious answer.  I really don't want to be sued.  <g>    
 
Thank you, and the others, for responding.  
 
Floyd
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