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Author Topic: Copying Pictures from the Internet??  (Read 6041 times)

NHC50

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Reply #15 on: May 30, 2013, 04:09:59 AM
Oh my Bryce that is awful. Denise yes you can paint those photos on paint my photo, but they are for that website only. You can not put them  {example} on here. Dennis checked that out.
Nina  :flowers:
Be the kind of woman that when your feet hit the ground each morning, the devil says. "OH NO, SHES UP!"


jrhall036

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Reply #16 on: May 30, 2013, 04:53:37 AM
That is really scary Bryce! I am totally confused.  How can someone--Getty, or any other entity--copyright a shape of an image of a 2 cm cloud?  If that was truly the case, I would think that unless the shape of the cloud was really unique or represented some new concept, the copyright office in Washington, D.C. couldn't have extended protection for just that section of the overall image. And if that were the case, there would be so many lawsuits out there because of similar cloud shapes.  One look at the artwork in my niece's first-grade school class could tell you that.  Did you pay the bill sent to you by Getty already?  If not, I would seek some legal advice before doing so.  I worked as a paralegal in a patent, trademark, and copyright law firm in D.C. over 20 years ago, and from what I remember at that time, when an infraction occurred, the amount of monetary award was commensurate with a percentage of the entire copyrighted image.  Basically, the amount was based on a per inch quota.  The law, or rather the interpretation of the law, could have changed, though.  Nonetheless, even if things have changed and Getty could prove that you committed copyright infringement on that cloud, chances are you would have to pay less in court costs and fines than you would if you paid their bill. If I were you, I'd check with an attorney. First consultations for most attorneys are usually free.     :gl2:

Hugs,
Jani
Cheers,
Jani


Denise808

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Reply #17 on: May 30, 2013, 09:50:24 AM
Thanks for letting me know Nina, I had no idea!  :o  Appreciate it .....  :)
"Purple alone is pretty, but place mint green alongside and the purple becomes glorious. Sometimes we need to be a green in a purple person's life." ~Carolyn Blish


ImBatman

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Reply #18 on: May 30, 2013, 12:33:06 PM
Are you sure about that Nina? You aren't allowed to post the original photos here, but from how I read it you aren't allowed do whatever (including sell) you like with a painting of those photos.

But from how I read it, you can't then go after someone else for copying the painting you do of the image you got from paintmyphoto for infringement of copyright. And as long as you make it reasonably clear that it was a painting done, from a photo from someone on that site, then you are adhering to the creative commons license. Even if you sell the derivative work.

And Jani, I agree with you - $2k for a 2cm cloud in an image isn't commensurate for the particular item in question. On that rate, they are selling a regular photo sized image at around $50k.

It would be interesting to see Getty's books and see some statitistical anlalysis of the legitimate sales against the money made from the methods used on Bryce.

And here is the me coming out in me - if it were me not Bryce, I'd respond to them saying something along the lines of "you've got my $2000, luckily you haven't found any of the others." Let them waste the money chasing ghosts...

Batman.
« Last Edit: May 30, 2013, 12:52:05 PM by ImBatman »
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nolan

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Reply #19 on: May 30, 2013, 12:45:27 PM
Bryce, I think you were caught for a hard one there as far as the money is concerned, but they were in their rights to pursue - each cloud is unique, so easy to spot. That is one of the lessons I teach in my painting from photos class.

As far as the Creative Commons license is concerned - if it is share alike, then you may not sell your derivative painting as you got the image for free. You may however give that painting away. You may then also not pursue others that make derivatives of your painting as your painting must also hold the share alike license.




ImBatman

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Reply #20 on: May 30, 2013, 02:08:29 PM
Nolan, riddle me this - the paint my photo site says in their terms of use - and this is a direct quote, no paraphrasing (including the spelling mistake):


Quote
Please consider all photographic material uploaded by members to be under a creative commons attribution non-commercial licence. With the EXEPTION of reproductions of members Artwork. This basically means you cannot download and sell members photos or use them commercially in any way.
You can of course make paintings based on photos and sell them.


My reading of that is only the photograph itself is under the creative commons, not the painting made from it. Is it that they don't have their legal stuff straight??? And we may be unintentionally breaking the law based on their misinformation?


Batman.
I will have the chance to achieve perfection, when and only when I can remember the future.


thebryce

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Reply #21 on: May 30, 2013, 04:48:44 PM
I probably have recourse against the web hosting company that caused me a copywriting snafu. I wounder if I was targeted as part of a group of people using that same server.  To be honest, I have been reediting images for years so it is funny that the one I get caught with is the only page in 20 years I did not make myself.
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stoney

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Reply #22 on: May 30, 2013, 05:20:47 PM
I probably have recourse against the web hosting company that caused me a copywriting snafu. I wounder if I was targeted as part of a group of people using that same server.  To be honest, I have been reediting images for years so it is funny that the one I get caught with is the only page in 20 years I did not make myself.

I believe you indeed have recourse as you had purchased the right to use the image.  Since the cloud was stolen from Getty they misrepresented their product.  Such is fraud.  (I am not a lawyer and don't play one on the internet)


NHC50

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Reply #23 on: May 30, 2013, 06:11:26 PM
Ok I had to go back to the website and look at the guidelines. Yes you can use the photo and you can also sell your artwork from that photo. But you can not put the photo on here.  Its been awhile since I been on there. My mistake Denise.
Nina  :flowers:
Be the kind of woman that when your feet hit the ground each morning, the devil says. "OH NO, SHES UP!"


Denise808

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Reply #24 on: May 30, 2013, 06:42:37 PM
no problem Nina :) - this stuff can get pretty mind boggling :crazy2:
"Purple alone is pretty, but place mint green alongside and the purple becomes glorious. Sometimes we need to be a green in a purple person's life." ~Carolyn Blish


Germa

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Reply #25 on: May 31, 2013, 01:32:56 AM
I know enough.
Since it is so much fun to make my own photos, my camera will be my best friend and if I didn't make the photo, I won't paint it.  :blush: (except the classes of course, but they are studies, not for sale, not for showing as my 'own idea'.)

And I think I like it more when I paint my own ideas, in stead of someone else's.
Don't know how it is for you guys, but for me, I've already noticed that it pleases me more to look around my house, my village, my country, to take the right photo, for the right painting.
That's double fun and won't cost me any trouble of  money.


NHC50

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Reply #26 on: May 31, 2013, 04:33:06 AM
Germa I can relate to what you are saying. It is a lot safer just to do your own.  But there are places that I will never see. And I see no problem with looking at other photos. We just got to learn not to copy them. Use them for references. Example- like where you live. I will never come there. So I would enjoy photos of your area.
Nina  :flowers:
Be the kind of woman that when your feet hit the ground each morning, the devil says. "OH NO, SHES UP!"


Germa

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Reply #27 on: May 31, 2013, 04:49:14 AM
I enjoy photos of everybody's area, since I can't travel anywhere on my own, but I won't paint them since it doesn't feel right (to me) to paint things I've never seen of will see.
I even changed the jelly beans in the wood class in oils, since we don't have jelly beans, never seen them, never eaten them. Just took candies everyone knows in our country.

And when it comes to the big 5, I'll go to the zoo to see them, but I'll try to catch some Dutch 'big 5' in nature, with my own camera. (we don't have much 'big' animals in our country)
And of course I will take a look at anyone else's photos, but I won't paint them in the way somebody else's photo shows.

It's about 25 years ago I so a mountain (by example), and there are so many beautiful landscapes in my own region, but without mountains, so I think I don't have the 'feel' of mountains, and without feel for mountains, there won't be a lot of 'feeling' in a painting of mountains, when I painted them.

But I think that'll be different for anyone. Maybe I'm just a strange person. ;)


NHC50

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Reply #28 on: May 31, 2013, 06:29:51 AM
We all have our quirks Germa.  :2funny: :2funny:
Nina  ;)
Be the kind of woman that when your feet hit the ground each morning, the devil says. "OH NO, SHES UP!"


thebryce

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Reply #29 on: May 31, 2013, 07:50:51 AM
Germa, I need to send you a bag of jellybeans!
 
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