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Author Topic: Heads up - elements of NASA images and NASA images not allowed  (Read 2892 times)

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Poncke v2

« on: May 12, 2013, 15:53 »
Hi all,

Just wanted to let you know that I have been informed by FT about images using elements of NASA images. It has been suggested to me to delete images using NASA images.

I figured it was allowed as NASA images are in the public domain. But its not allowed by FT.

There are a couple of thousand images using elements of NASA images, and there are portfolios that sell NASA images, straight from the NASA library, not elements, just 1:1 copies.

A warned photographer ....

Poncke v2

« Reply #2 on: May 12, 2013, 17:24 »
Hi Mat, I have no images using elements of NASA in my portfolio on FT. There are 2300 images on FT that do use NASA images, so why my image is a problem to FT is beyond me. The image I submitted wasnt rejected for copyright, it was rejected for being similar to what they already have in the library, which makes it even funnier. And I mentioned that similar rejection reason twice, but it was missed or ignored in the thread.

I have also explained a few things in the thread on FT which were missed or ignored;

Creating a new work from elements of NASA images can be copyrighted to the creator of the new work. Also NASA has a blanket statement that their images can be used for commercial works, as long as its not explicitly or implicitly conveying NASA's endorsement of commercial goods or services.

A photo of a galaxy can be used for creating a new image. FT doesnt allow this, but its not copyright infringement as you made it out to be. Heck, on every agency are direct copies of NASA images being sold. I have seen them on CanStockPhoto, Alamy, SS, FT, etc.

I posted a link to a search for the keyword NASA in the forum which was deleted within minutes. Probably because it was pointing out obvious violations of FT terms and conditions.

Anyway, I will send an email to NASA because I think you have it wrong. I am not arguing about the FT policy, if they say you cant use any elements you didnt create yourself, then so be it. But if I use elements of NASA images, it is definitely NOT copyright infringement.

Poncke v2

« Reply #3 on: May 12, 2013, 17:44 »

Poncke v2

« Reply #4 on: May 12, 2013, 18:05 »

I will let you know the reply from NASA to my email as well

PS: I didnt vote your post down

Poncke v2

« Reply #5 on: May 12, 2013, 18:08 »
Just want to add, I have been called out before on the SS forum for using the Canadian flag in one of my images, suggesting I was in violation of copyright. The reply from the Canadian government was clear, there was no objection of me using the Canadian flag in my image. People assume too much.

« Reply #6 on: May 12, 2013, 19:38 »
PS: I didnt vote your post down

 :D  No worries Brother, I didn't even realize that was there.

In the blog post you linked these are the items that would make me nervous if I were contributing images with NASA material for commercial use: 

NASA should be acknowledged as the source of the material.

It is unlawful to falsely claim copyright or other rights in NASA material.

NASA shall in no way be liable for any costs, expenses, claims, or demands arising out of the use of NASA material by a recipient or a recipients distributees.

NASA does not indemnify nor hold harmless users of NASA material, nor release such users from copyright infringement, nor grant exclusive use rights with respect to NASA material.

Poncke v2

« Reply #7 on: May 13, 2013, 02:20 »
I am not claiming copyrights to NASA material. The derived work is new work, to which I can claim copyrights, but if someone was to take my image and use the NASA part of my image, I cannot claim copyright to that. Which is fine. But the NASA images are in the public domain, so I have the rights to use them. Basically I am not doing anything wrong, nor violating FT T&C. However, it was suggested that I was. Thats basically why I posted this thread so that other people can take notice before they get in trouble. Why my image was a problem and the other 2300 are not, I dont understand.


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