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Author Topic: Question about using a photograph  (Read 3552 times)

Hind_sh

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Question about using a photograph
« on: 12-22-13 at 11:39 pm »

Hello All,
So, i want to use a photograph of the actual place that Van Gogh drew for commercial uses. However, i am not able to find the photograph's owner to attribute it to them and use it. what should i do in this case? just drop the photo graphs?
someone who really appreciates art would answer i reckon.
Best,
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MYK

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Re: Question about using a photograph
« Reply #1 on: 12-23-13 at 01:10 am »

It's not a question of appreciating art, it's a question of copyright law.

Generally speaking, you shouldn't use such a photo without a license.  If you know when the photo was first published, you may be able to determine that it is now out of copyright and so available to use freely.  Otherwise, you should probably find another photo that you can license or that is out of copyright.

Note that I'm basing this on your mention that this is "for commercial uses".  If your use were noncommercial, you might be able to make out a case for fair use.

I'll add that Chris Moore has a recent website with quite a few photos related to Van Gogh's settings (because of his latest novel, Sacre Bleu, which is sort of about Van Gogh), and you may be able to find a usable photo there -- and to license it from him, since you would know who took it and when.
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.

Hind_sh

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Re: Question about using a photograph
« Reply #2 on: 12-24-13 at 12:33 am »

Thank you so much. I guess you are right. it is more about laws than art appreciation.
I am checking Chris Moore's blog.
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