Image intellectual rights

JSonnab...

That's not an easy one to answer.  In many instances, when your work is "fine art" (as if that's easy to define), then the First Amendment rights usually trump the copyright interests in your scenario (think Andy Warhol's Campbell soup cans).  In other cases, your use might infringe copyrights in the product's design.

I'm afraid you likely won't get much better guidance on your question without delving into specifics, which you probably shouldn't do here.

- Jeff

sillyme

Thanks Jeff for your response! However, I don't know how showing a general photo could infringe on copyright design. That wouldn't be any different than anyone just looking at the product, and actually someone looking at the product could tell more about the design versus looking at a photo. Then, if I would change the photo to an "artsy" form (simplyfing colors, or making it look more like a painted picture), this would make it much harder yet to tell anything about design other than general looks. I am not looking to design a product from the featured image, only displaying an image resembling a product, but not using any brand names, model names, etc. To someone not familiar with the product otherwise, they may not know one from the other.

JSonnab...

To the extent that there exists copyrights in the design of the product -- just check out MOMA's online store to see some examples of such products -- then taking a photograph of the product infringes copyrights in the product, generally speaking.

- Jeff

sillyme

Now I am confused. In your first response, you noted that a painted picture type image would most likely not need a license. In your last response, any image at all may invoke a copyright infringement.

If I were to take a picture of a person, have it look like a painted picture, and use that on the internet or a product, it would have to be licensed?

Another example, if I were to use an artsy picture of a car, no names, models, insignias, etc. that would also have to be licensed?

Thanks again Jeff for your help.  

JSonnab...

First of all, my last post did not say "any image".  It specifically said "taking a photograph of the product" would likely be problematic.  That was in response to your statement "I don't know how showing a general photo could infringe on copyright design."


People aren't copyrighted.  Whether or not such a use would violate individuals' rights of publicity and/or privacy depends on several factors.  I'm not sure how this relates to your original question.


That depends on how "artsy" the work is, using your terminology and speaking somewhat loosely.  Other factors might also be considered, including the nature of the product at issue.



Whether or not the use of a product's image in a new work avoids copyright infringement is a difficult question to answer, as you might gather from the foregoing discussion.  As I said earlier,  I'm afraid you likely won't get much better guidance on your question without delving into specifics, which you probably shouldn't do here.

- Jeff

sillyme

Jeff,

Thank you once again. It appears that this is a very murky or gray area of the law. It also appears that no matter what route, image, or method of display is used to represent any particular item or product, it can be argued one way or another about it's legality. Again, thanks for your time and opinion on this subject.