Batts Eyelashes Dean

[Starr Magick (Starr)]

(Sheri suggested I ask here soooo, if I am in the wrong place I blame her! LOL) <BR>You can schmack me this weekend if need be Sher. <BR> <BR>I am in a Multimedia school and I had used a black and white photo of John Corbett and colourized it.. Now in order to use it in my portfolio (my digital resume) I am supposed to make sure that I have permission to use it. <BR>there will be NO money made from it.. etc etc.. <BR>It was used as an educational experiance in colourizing. <BR> <BR>Sheri suggested I post the photos here and get your permission to use it as it is listed as a "The Visitor" picture. <BR> <BR>Thanx in advance for any input you may be able to provide. <BR>Sharen / Starr <BR> <BR><IMG SRC="http://www.electric-ent.com/bbs/messages/14/661.jpg" ALT="pic"> <BR><IMG SRC="http://www.electric-ent.com/bbs/messages/14/662.jpg" ALT="pic">

[Full Moon out, pull up your pants, (F_U_N_G_U_S)]

Actually, since it's not really discernible where the image came from, you'd have to ask the photographer (technically, John is considered public image, but the photo itself is copyrighted by the photographer, who is the one you need permission from).

[Sheri Gordon (Sheri)]

well then duhhhhhhhhhh Dean can tell us who the photographer was, right? ;-)

[Sheri Gordon (Sheri)]

Btw, any work done for hire is NOT copyrighted by the artist/photographer. The rights usually go to the person hiring the custom job. So, technically, whoever owned The Visitor when these photos were taken has the say yay or nay as to whether or not it's okay to use them in a portfolio sample. ;-)

[The Power of Ponch Compells You! (Realityengine)]

just re airbrush the background as well making the image completely redone by hand. the photo was used as a reference but its all your work.

[Rick Santillo (Rjs)]

Did you short out your keyboard yet Sher? lol <BR>Where's Pat????

[Sheri Gordon (Sheri)]

Nuh uh, Ponchorelli. <IMG SRC="http://www.electric-ent.com/bbs/clipart/happy.gif" ALT=":)"> If one can look at the other and tell it was derived from it, then it's still copyright infringements. If she had made this for reselling, that wouldn't fly. ;-)

[Starr Magick (Starr)]

*Whimpering and rocking in a corner* <BR>All I wanna know is If I can use this or not in my portfolio.. I didn't wanna start a huge discussion... <BR>(Although Copyright IS a huge discussion) <BR> <BR>If not I need to get my butt in gear and find a black and white photo I CAN use... <BR>I just really wanna use this one as I am very pleased as to how it turned out.

[Full Moon out, pull up your pants, (F_U_N_G_U_S)]

Sheri, biggest mistake you're making: Assuming that image was done as a Visitor promo. The man has done other things you know! and many times, 'generic' images like that are taken when a celebrity is doing a popular show, but are NOT commissioned by anyone even remotely related to the show. <BR> <BR>Btw, Frank, I change my tag line all the time, but that is the best one I have read in a couple of years! LOL!

[Sheri Gordon (Sheri)]

Umm...Fungie....that's Adam's fighter plane in the photo. What, was he psychic or somethin? ;-)

[Dean Devlin (Devlin)]

Actually I can't help on this one. I believe the photo is from THE VISITOR press kit. If it is, it's the property of FOX Television and John has likeness rights. So you'd need to contact FOX TV to get permission. <BR> <BR>Good luck, <BR> <BR>-Dean Devlin

[Full Moon out, pull up your pants, (F_U_N_G_U_S)]

I couldn't tell what was in the background. It was too washed out. <BR> <BR>and adding to what Mr. D said, I did find out about likeness rights, although I *think* you relinquish them to the copyright holder of the photo when you do a publicity shot.

[Sheri Gordon (Sheri)]

Background washed out, Fungie? Methinks you need a new monitor. <IMG SRC="http://www.electric-ent.com/bbs/clipart/happy.gif" ALT=":)">

[The Power of Ponch Compells You! (Realityengine)]

looks like a wwii bomber to me.

[Agent Pat (Agentpat)]

Hmmmm... maybe the person who scanned and posted the original version of that photo knows something about it? ;) <BR> <BR>The rights to that particular image were sold by FOX to USA Networks in 1999. Written consent from The Sci-Fi Channel is required before the photo can be sold or reproduced in any manner. <BR> <BR>That's the fine print. <BR> <BR>But I seriously doubt *anybody* would care that the photo was used in an educational exercise and included in a student's art portfolio, provided the student doesn't represent themselves as being the photographer, or try to sell the touched up version. I'm sure John would be flattered, and Sci-Fi would probably think it too trivial to even address. JMHO.

[Javier Ariel Garza (Jag)]

Did a little research on Copyright law and "Fair use" -- Didn't mean to make this a production number.. But here goes. <BR> <BR>Copyrighted works that are altered significantly are more likely to be considered fair use. <BR> <BR>Copyrighted works used for nonprofit or educational purposes are more likely to be considered fair use. <BR> <BR>Published works are more likely to be considered fair use. <BR> <BR>Out of print works are more likely to be considered fair use. <BR> <BR>Factual works are more likely to be considered fair use. <BR> <BR>The smaller the percentage of the work used, the more likely it is to qualify as fair use. <BR> <BR>The less significant the portion of the work used, the more likely it is to be considered fair use. <BR> <BR>Copyrighted works that are used for another purpose or designed to appeal to a different audience are more likely to be considered fair use. <BR> <BR>If I interpret this correctly for the most part, you should be ok -- as Pat said. But, if you have any doubts, just ask permission -- worse they can do is say no. <BR> <BR>-=JAG! -- Hope this helps. <BR>Welcome to EE's Copyright Law 101 :o)

[WSAI]

Unfortunately, you have to wait about 70 years after the author/photograper has flatlined. For a film, you have to wait until after the last crew member has flatlined. <BR> <BR>I have it on good authority that the plane in the photo is a 'Spitfire'.

[Sheri Gordon (Sheri)]

Egads, Jag, by your definitions, that chick who stole my painting off my site to sell as a cross-stitch pattern would be under protected under the "fair use" clause. (Appealing to a different market) But I disagree. Just because I'm not currently in the cross stitch pattern making market doesn't mean someone can make a profit from my work without my permission. Just because something is in print does NOT make it public domain. (The whole marketing plans for selling art usually involve publishing it somewhere...but it does not give rights away on it.) The whole copyright issue has been hitting home for me, and the artists in my guild, who've had work stolen and sold that SHOULD have been licensed. (Royalties paid) Some artists who are currently under licensing contracts with publishin companies CANNOT let their work be used by anyone else. Breech of contract if they get caught at it. So, it's imperative for artists to keep a sharp eye out for thieves. <BR> <BR>On a positive note, I agree with Pat in that I highly doubt SciFi could give a hoot if someone used it in their student portfolio. <IMG SRC="http://www.electric-ent.com/bbs/clipart/happy.gif" ALT=":)"> As for John, as long as your not using him in a derogatory manner (shaddap Pat hehehe) I highly doubt he'd have any problem with it either. So, use and be merry! heehee (Just don't sell him on mousepads, t-shirts, or crossstitch patterns. hehehe)

[Javier Ariel Garza (Jag)]

Keywords: "more likely to be considered fair use" - doesn't necessarily mean it is. <BR> <BR>If artists pitch a fit, I would think the courts would rule in favor of the Copyright holder in a "fair use" ruling. In the end, you are the owner of the work. <BR> <BR>One thing my research did say and I forgot to post: <BR> <BR>Fair Use is NOT a license to steal. <BR> <BR>-=JAG!

[Starr Magick (Starr)]

Well Thanx Mr D for all your input.. <BR>I appreciate you taking your busy time to reply. <BR> <BR>(Sorry I had a sick child and have not been able to be on that much this week) <BR> <BR>Looks like I have missed a good discussion on copyright.. <BR> <BR>All good points everyone made.. ALTHOUGH I know there ARE a bunch of differences in he laws between Canada and the US.. <BR>IE Mickey Mouse comes up on Fair use in Canada in the next year or so where the US has a longer time allowable after the creator passes on.. I think it is 50 years in Canada and 70-something in the states ( they just upped it apparently) <BR> <BR>Thanx for everyone's input

[Full Moon out, pull up your pants, (F_U_N_G_U_S)]

Most copyright laws are international :]

[Sheri Gordon (Sheri)]

Nuh uh. <IMG SRC="http://www.electric-ent.com/bbs/clipart/happy.gif" ALT=":)"> Ask that of this African artist I know of. <BR> <BR>The US copyright says you're supposed to register your copyrights for $$$ (money grab!). Up here, ya don't have to do that nonsense.

[Full Moon out, pull up your pants, (F_U_N_G_U_S)]

No, the copyright that you have to file does help if a situation arises, but if you can show that you created/own the original image, anything you do art wise is automatically copyrighted as soon as you finish it. All it takes is the original artwork in your possession to show proof of copyright ownership. Somethings like text/stories are more 'vague' in their representation, which is why obtaining a copyright for them is important. A story can be written many ways, but Superman is still superman :]

[WSAI]

Sheri, <BR>I'll send you a copy of Copyright for beginners (a coupla pages). I's a bit long to put here, but it will help clear up a lot of misconceptions regarding copyright, and what you can do about Ms Needlepoint.

[Sheri Gordon (Sheri)]

Already taken care of Ms Needlepoint. <IMG SRC="http://www.electric-ent.com/bbs/clipart/happy.gif" ALT=":)"> I got my money, she got a 2yr licensing contract. hehehe

[WSAI]

Now, that's the way to do business!! ;-) <BR> <BR>If any one else wants a copy of the copyright info, let me know.