Ashley Posted November 21, 2010 Posted November 21, 2010 Somebody I know asked me to knock up a flyer for a club night so I threw something together and he said "can you just use this image [a picture from Vogue] instead". Now I'm pretty sure that's illegal as it will result in profit but he believes its fine as long as there are at least five differences. Which of us is correct?
nightwolf Posted November 21, 2010 Posted November 21, 2010 You're actually correct, using any image that somebody else has copyright and using it to make profit is illegal, if you were found out you could be taken to court - not him. I would suggest to tell him this and research it, using something from something as high as vogue is a bad idea.
Ashley Posted November 21, 2010 Author Posted November 21, 2010 That's what I thought. Told him, as well as quoting the law, and he said "oh I'll just take responsibility and besides they'll need to tell me to change it and that probably won't happen before Thursday anyway". I've said it doesn't work like that, they will just sue you. He can't take the responsibility, at best they could just sue us both and it doesn't matter whether they find out before or after. But it'll probably fall on deaf ears -_- Besides the image he wants to use is small anyway. People who have no idea how photoshop works shouldn't be allowed to make requests. The last one he asked me to do he sent me tiny little pictures and expected me to enlarge them exponentially.
nightwolf Posted November 21, 2010 Posted November 21, 2010 That's what I thought. Told him, as well as quoting the law, and he said "oh I'll just take responsibility and besides they'll need to tell me to change it and that probably won't happen before Thursday anyway". I've said it doesn't work like that, they will just sue you. He can't take the responsibility, at best they could just sue us both and it doesn't matter whether they find out before or after. But it'll probably fall on deaf ears -_- Besides the image he wants to use is small anyway. People who have no idea how photoshop works shouldn't be allowed to make requests. The last one he asked me to do he sent me tiny little pictures and expected me to enlarge them exponentially. They won't sue him, they'll sue you for making the poster, so it's good you've turned and said no, I wouldn't work with him again if I were you. Anyone who wants stuff doing websites/posters etc which makes money, even if it doesn't should make sure the images they use are allowed, such as asking the person who took the image/made it.
jayseven Posted November 21, 2010 Posted November 21, 2010 http://www.copyrightservice.co.uk/protect/p16_photography_copyright Using their source photo is still using their copyrighted image. '5 changes' and that sort of malarky really applies to reshooting a similar picture, rather than editing an existing one. I'd say that you get your pal's promise of taking responsibility and liability in writing, but still I don't think ignorance of a law really stands up in any court. You can risk it, thinking you'll never get caught -- or just find a decent stock photo somewhere. I don't really know who to email about this -- http://www.cla.co.uk might be worth asking for advice, but who knows. Interesting subject!
Raining_again Posted November 21, 2010 Posted November 21, 2010 he says he'll take responsibility now... i bet it'll be a different story if there are any problems. I wouldn't touch the work with a bargepole if it were me.
Ten10 Posted November 21, 2010 Posted November 21, 2010 I would say perhaps try and find a similar image on a stock photo website and include the cost of purchasing an image at the correct resolution into the cost of your work. Failing that http://www.sxc.hu/index.phtml for free.
Paj! Posted November 25, 2010 Posted November 25, 2010 Or draw your poster yourself. That's what I do for my friend's band.
Emasher Posted November 27, 2010 Posted November 27, 2010 Depending on what the picture is, it could also be worth looking for Public Domain images on Wikimedia Commons.
ohyoume Posted December 17, 2010 Posted December 17, 2010 If the images are going on their website / publication, it is them that will get in trouble. Free images are available at places like morguefile dot com. Buying images is possible from a whole host of places including dreamstime dot com. Buying them is not that expensive, some costing as low as a few pence.
Nintendohnut Posted December 17, 2010 Posted December 17, 2010 (edited) You would have to have permission from Vogue, and they'd probably want paying. The very least you could do (although you'd still be breaking the law) would be to say 'picture courtesy of vogue/photographer's name'. However if he's the one publishing the leaflet/flyer/whatever he'll be the one who is responsible (although probably you as well) as the law on publishing is that the main dude takes the main responsibility. You definitely will want him to put in writing that he is employing you to create this and any responsibilty lies with him. To be honest I doubt Vogue will bother suing him, unless he's especially rich or will make huge profits from the poster they probably wouldn't even notice. Edited December 17, 2010 by Nintendohnut
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