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Author Topic: Derivative works, dos and donts, let me hear your "professional" legal answers!  (Read 4286 times)

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« on: April 06, 2012, 18:39 »
0
Can a Zazzle seller purchase my stock image with a regular RF license, slap a second image onto mine and sell it as theirs?

Example: The seller "purchases" a photo of a sunset at the beach and adds a couple seagulls from another source.

Is this use covered in the standard RF license? It's not just my image straight out of the box - just some other elements have been added.

I think we've been discussing this already a bunch of times but I'm just ticked off now because I keep finding my best seller in other seller's shops...

Happy Friday night everyone!


ShadySue

  • There is a crack in everything
« Reply #1 on: April 06, 2012, 18:48 »
0
Can a Zazzle seller purchase my stock image with a regular RF license, slap a second image onto mine and sell it as theirs?

Example: The seller "purchases" a photo of a sunset at the beach and adds a couple seagulls from another source.

Is this use covered in the standard RF license? It's not just my image straight out of the box - just some other elements have been added.

I think we've been discussing this already a bunch of times but I'm just ticked off now because I keep finding my best seller in other seller's shops...

Happy Friday night everyone!

It must depend on the particular RF terms of the agency they bought it from, surely?

RacePhoto

« Reply #2 on: April 06, 2012, 21:49 »
0
As far as I know, and depending on the license from the place they downloaded it. (I don't know any that allow resale even if it is a derivative)

NO

If they do, I guess I can go plunder the collections for stuff I'll never shoot, add some different colors (as some believe that's all you need) and a couple of dots and call it a derivative? The whole Marlboro Man B&W to color case screwed the whole concept. Then there's Koon's and his "Modern Art" and some other people who borrow classic images, transform and call them original work. HA, it's bogus. I have stronger words, but never know if one of these charlatans of art will take offense to be called a fraud. (can I say that?) Opinion, editorial comment, review... ;)

Back to downloading from Micro and re-selling, write and ask the site it came from. Write and ask Zazzle?

I don't have a law degree, and if I did, I still wouldn't know. Everything is a case by case basis and a tangled snake pit. Opinion... NO

It's buried but here's what Zazzle says:

You must own all rights (including copyright) in the image and text you upload or have the written permission of ALL persons who own (a) the rights to upload the image or text and (b) the rights to authorize the uses permitted in the User Agreement. If someone other than you is the owner of the image or appears in it or has created the text, you must obtain such permission from those persons. If you upload any image or text that violates our User Agreement, your account may be terminated.

NO
« Last Edit: April 07, 2012, 01:03 by RacePhoto »

« Reply #3 on: April 06, 2012, 22:02 »
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Zazzle has been very supportive so far and removed the content that has been thrown together.

It appears that if the seller who created the comp didn't have the rights to all the content it's enough if one copyright holder speaks up to remove it.

Furthermore I'm going to check with a few agencies directly to see what they say, whether this is a violation of their terms.

... IF those sellers even licensed my images...   ::)

ShadySue

  • There is a crack in everything
« Reply #4 on: April 07, 2012, 08:01 »
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Ah, thanks, Race - didn't even think to look at Zazzle's TOS.

lisafx

« Reply #5 on: April 07, 2012, 08:42 »
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Glad this was resolved so quickly.  Still worth checking into the original question though.  I would think that type of usage would require an EL.  If not, then anyone wanting to resell images could just change one minor detail and sell as their own...

« Reply #6 on: April 07, 2012, 08:48 »
0
Glad this was resolved so quickly.  Still worth checking into the original question though.  I would think that type of usage would require an EL.  If not, then anyone wanting to resell images could just change one minor detail and sell as their own...
That's exactly my point.

At which degree of editing would a comp be considered a new piece of artwork? This is all so wishy-washy.

ShadySue

  • There is a crack in everything


 

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