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Legal issues with photographs ...
Old 11-04-2006, 09:31 PM   #1 (permalink)
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I'm wondering about the legality of hot linking to a photo in a post that is clearly the copyrighted work of someone else, but has a different person's copyright on it and is displayed as an original work. Case in point is a thread on this forum. The thread is here:

http://www.glamour1.com/forums/digit...tml#post234814

The photo in question if the second photo of the first post which is a direct copy of a centerfold of a Playboy Playmate of the month. The only difference is that the person who's placed their copyright notice on it has erased the Playboy logo and has painted out part of the background. Later on in the same thread above someone posted a link to the centerfold (and you can see that the photo of the model is almost identical in both).

So is the original post in violation of copyright for hotlinking to the photo and is the person who has placed their copyright notice on the altered photo also in violation of Playboy's copyright?

Cheers,
rfs
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Last edited by R_Fredrick_Smith; 11-04-2006 at 10:23 PM..
 
Re: Legal issues with photographs ...
Old 11-04-2006, 10:55 PM   #2 (permalink)
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Quote:
Originally Posted by R_Fredrick_Smith View Post
I'm wondering about the legality of hot linking to a photo in a post that is clearly the copyrighted work of someone else, but has a different person's copyright on it and is displayed as an original work. Case in point is a thread on this forum. The thread is here:

http://www.glamour1.com/forums/digit...tml#post234814

The photo in question if the second photo of the first post which is a direct copy of a centerfold of a Playboy Playmate of the month. The only difference is that the person who's placed their copyright notice on it has erased the Playboy logo and has painted out part of the background. Later on in the same thread above someone posted a link to the centerfold (and you can see that the photo of the model is almost identical in both).

So is the original post in violation of copyright for hotlinking to the photo and is the person who has placed their copyright notice on the altered photo also in violation of Playboy's copyright?

Cheers,
rfs
No, this is a digital reproduction of a photograph of the centerfold.
The image itself was redone in a 3-D program (ex: Maya, Lightwave, Studio Max).

The artist took a 2-D image and recreated a 3-D model of the centerfold,,, shaded
and rendered it to the final image you now see.

The artist did this to show his skill at taking 2-D imagery and converting it
to a 3-D image.

There's a later post by DynaMike that will show the original centerfold.

No, there is no copyright infringement for demonstrating your art skills.
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Re: Legal issues with photographs ...
Old 11-04-2006, 11:29 PM   #3 (permalink)
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Quote:
Originally Posted by gregkdavis View Post
No, this is a digital reproduction of a photograph of the centerfold.
The image itself was redone in a 3-D program (ex: Maya, Lightwave, Studio Max).

The artist took a 2-D image and recreated a 3-D model of the centerfold,,, shaded
and rendered it to the final image you now see.

The artist did this to show his skill at taking 2-D imagery and converting it
to a 3-D image.

There's a later post by DynaMike that will show the original centerfold.

No, there is no copyright infringement for demonstrating your art skills.
I'm not quite sure how this demonstrates 3-D program skills. I could scan the same centerfold from Playboy and in less than 5 minutes get the same results as what was posted. If the person who did this "artwork" were to try and sell that image, wouldn't Playboy be able to take legal action against him for violating their copyright? I was under the impression that it was a violation of copyright to publish someone else's copyrighted work (without their permission), even if you altered it somewhat (and in this case there is very little alteration to the model (the necklace is removed). So if anyone can take someone else's photo and use a software program to make some alterations but still leave the result obviously a copy of the original, what does that say about the worth of the copyright laws?

I suppose this could come under the "fair use" clause of the copyright law, but doesn't that require that the person publishing the item clearly state where the material comes from and who owns the copyright. In this case, the artist has placed their own copyright notice on the artwork and their own logo and there was no acknowledgement in the post about it being a Playboy Photograph.

Cheers,
rfs
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