Any Lawyers Out There?

[scarpent]

I want to print copied images of public domain art onto items and sell these items for profit. I want to do this legally so can anyone answer these questions?


Can I take them from the Internet in general?

Can I take them from web sites that post no restrictions to their use?

Is there an established procedure for obtaining copies of public domain art for the purpose of printing and selling them for profit?

Thanks

 

[aphex]

As soon as something is created, it is technically protectable by the author.

If something makes no mention as to public domain, assume its copyrighted.

Only if it explicitly states that the item is in the Public Domain can you assume no claims to copyright exist.

 

[acemcmac]

the real question is: Why are you trying to make money from other people's work?

 

[Yossarian]

so not only do you want to sell others' work, but you want free legal advice on how to do it....

 

[hevnsnt]

I am not a lawyer, but I do know this:

It is more legal to hotlink someone's image (meaning include it in your site, but the image is being served from theirs) than it is to download it and serve it from your own site.

 

[hevnsnt]

how that relates to you, is anyones guess

 

[NogginBoink]

If the art is public domain, yes, you can copy it and profit to your heart's content.

I'd encourage you to be pretty scrupulous about verifying the work is, in fact, public domain.

 

[cKGunslinger]

Originally posted by: hevnsnt
how that relates to you, is anyones guess

lol

 

[cKGunslinger]

Originally posted by: Yossarian
so not only do you want to sell others' work, but you want free legal advice on how to do it....

Bah, if the original artists really cared about others making a profit from it, it wouldn't be in the public domain, now would it?

 

[sciencewhiz]

How do you know the art is public domain?

Also, say the object in question is a sculpture, and somebody else took a picture of the sculpture, the sculpture may be public domain but the picture is copywrited to the person who took it.

 

[ryan256]

Honestly I really don't know but if you don't find a good answer here try checking out deviantArt.com... I'm pretty sure someone in the forums there could give you some good answers.

 

[QED]

Originally posted by: hevnsnt
I am not a lawyer, but I do know this:

It is more legal to hotlink someone's image (meaning include it in your site, but the image is being served from theirs) than it is to download it and serve it from your own site.

Good thing you are not a lawyer as that is simply not true.


If you download an image and serve it from your own site, your are guilty of copyright infringement.

If you hotlink an image from someone else's site so that it appears to be a part of yours, not only are you also guilty of copyright infringment, but also of stealing bandwidth.

 

[QED]

To the OP...

I just talked with a friend of mine who is an IP lawyer... according to him you cannot take someone else's image of a public domain art and use it for your own purposes.

The fact that the subject of the image is in the public domain does not negate the fact that the image is still copyright protected-- just as though you cannot use someone else's photo of the New York City skyline for your own purposes.

 

[scarpent]

Originally posted by: MathMan
To the OP...

I just talked with a friend of mine who is an IP lawyer... according to him you cannot take someone else's image of a public domain art and use it for your own purposes.

The fact that the subject of the image is in the public domain does not negate the fact that the image is still copyright protected-- just as though you cannot use someone else's photo of the New York City skyline for your own purposes.

Finally, someone who understands the question.
Thanks MathMan!

 

[Jzero]

It is worth noting that just because it's on the web does not mean for a second that it's in the public domain. A lot of people carry that misconception.

 

[Shivatron]

Originally posted by: Jzero
It is worth noting that just because it's on the web does not mean for a second that it's in the public domain. A lot of people carry that misconception.

Quoted for truth. I'm a photographer and encounter this ALL THE TIME. Just because a picture is on the internet does NOT mean it is public domain or give someone the right to reproduce or distribute it.

 

[QED]

Originally posted by: Shivatron

Originally posted by: Jzero
It is worth noting that just because it's on the web does not mean for a second that it's in the public domain. A lot of people carry that misconception.

Quoted for truth. I'm a photographer and encounter this ALL THE TIME. Just because a picture is on the internet does NOT mean it is public domain or give someone the right to reproduce or distribute it.

I don't think that the OP assumed that because an image was on the web it was in the public domain...

I think the OP was referring to was artwork that is known to be in the public domain-- such as the Statue of David, the Mona Lisa, etc. His question was, is an image that someone else takes of such an artwork copyright protected or not... and the answer is, yes.

 

[aphex]

Originally posted by: MathMan
To the OP...

I just talked with a friend of mine who is an IP lawyer... according to him you cannot take someone else's image of a public domain art and use it for your own purposes.

The fact that the subject of the image is in the public domain does not negate the fact that the image is still copyright protected-- just as though you cannot use someone else's photo of the New York City skyline for your own purposes.

Are you sure your friend knows what he's talking about?

I can't find my blacks at the moment (i think it's in my car) but this should suffice for the time being;

http://dictionary.reference.com/search?q=public%20domain

public domain
n.
The status of publications, products, and processes that are not protected under patent or copyright.

The definiton of public domain itself means that it lacks copyright protections.

 

[Jzero]

Originally posted by: aphex
The definiton of public domain itself means that it lacks copyright protections.

I think he's saying a work based on public domain work is not necessarily public domain itself.

That is, a photograph of a 200-year-old sculpture, or a new arrangement of a Bach fugue still has copyright protections of its own.

 

[1sikbITCH]

Originally posted by: acemcmac
the real question is: Why are you trying to make money from other people's work?

Did you just move to America? Since the day our ancestors got off the boat that's how it's been done.

1. Steal anything not bolted down
2. Sell it as your own
3.
4. Profit!

 

[blahblah99]

Anytime you use an image that you have not paid for or gotten permission (written), you are infringing copywrights. This is ESPECIALLY true if you plan to use it for commercial purposes. PUBLIC DOMAIN doesn't mean that just because it's on the internet, it's free for the taking.

 

[jagec]

Originally posted by: Yossarian
so not only do you want to sell others' work, but you want free legal advice on how to do it....

He wants to sell T-shirts and mugs and stuff. Not quite the same thing.

Originally posted by: 1sikbITCH

Originally posted by: acemcmac
the real question is: Why are you trying to make money from other people's work?

Did you just move to America? Since the day our ancestors got off the boat that's how it's been done.

1. Steal anything not bolted down
2. Sell it as your own
3.
4. Profit!

Yup. Hence the T-shirts and mugs and stuff.