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[Michael Dempsey]

I am planning to laser engrave photographs onto various materials, such as: ceramic tile, wood, etc.

The photos will come from my clients. I will then manipulate the photos in computer software before lasering them on to the above mentioned materials.

Photo sent by clients may have been originally taken by professional photographers, i.e., portraits, etc.

Is there a problem with copyright infringement in the situation?

Are all professional photos automatically copyrighted?

Thank you.

[JSonnabend]

The short answer is likely, yes, there are copyright issues.  Professional event photographers generally hold the copyrights in the photographs they take, and making a laser etching based on the photograph may violate those copyrights.

[tianpat]

Although an old post by now but for arguments sake is the act of Laser Engraving ‘copyrighted’ Photographs similar to or substantially identical as the ‘independent reproduction of copyrighted work’?  If true, than according to Alfred Bell… 191 F.2d 99, this is NOT an infringing act.

[wallflower]

Although an old post by now but for arguments sake is the act of Laser Engraving ‘copyrighted’ Photographs similar to or substantially identical as the ‘independent reproduction of copyrighted work’?  If true, than according to Alfred Bell… 191 F.2d 99, this is NOT an infringing act.

How can copying a copyrighted work be an independent reproduction?

[Lyza]

Why is this thread on the "Trademark Forum?"

[Bill Richards]

Bell is a case involving using art and skill to reproduce public domain works as engravings.  The defendant lost because the engravings themselves met the test of originality.  (Why, I suspect, they might have been "independent reproductions".)  Had the works reproduced not been in the public domain, Bell's work would arguably been to create a derivative work.  See, Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992) (wood sculpture from photographs deemed infringement even though originality in sculptures).