How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

[David]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

In general, you would get into trouble if you used the images for commercial/for-profit puroposes-- selling 8x10s on eBay, illustrating your magazine or for-profit website without paying for the rights, etc.

If you print out a copy for yourself or for the personal records of your friend (who owns the bat in the picture), that would be okay, assuming you aren't making any money from any transaction. It's like with movies-- you can make a copy of a DVD for your personal use, but can't make copies to sell on eBay or distribute at your street corner.

[mvandor]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

In general, you would get into trouble if you used the images for commercial/for-profit puroposes-- selling 8x10s on eBay, illustrating your magazine or for-profit website without paying for the rights, etc.

If you print out a copy for yourself or for the personal records of your friend (who owns the bat in the picture), that would be okay, assuming you aren't making any money from any transaction. It's like with movies-- you can make a copy of a DVD for your personal use, but can't make copies to sell on eBay or distribute at your street corner.

Disagree.

Copying an already owned DVD is creating a backup of something you already licensed. Copying a Blockbuster rental for personal use? Copyright infringement.

[staindsox]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

Disagree.

Copying an already owned DVD is creating a backup of something you already licensed. Copying a Blockbuster rental for personal use? Copyright infringement.

This is not completely accurate either. You are permitted "user copies." For example, I have a music CD, which falls under copyright. I don't want it scratched and ruined from use. I can make a user copy and this is NOT infringement. When you distribute copies from the master to other people so they can circumvent purchasing the item, then you have infringement because it damages the artist's ability to profit from their recordings. Kyle should be fine as long as he doesn't sell anything and does not tamper with the watermark.

Chris

[mvandor]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

This is not completely accurate either. You are permitted "user copies." For example, I have a music CD, which falls under copyright. I don't want it scratched and ruined from use. I can make a user copy and this is NOT infringement. When you distribute copies from the master to other people so they can circumvent purchasing the item, then you have infringement because it damages the artist's ability to profit from their recordings. Kyle should be fine as long as he doesn't sell anything and does not tamper with the watermark.

Chris

Your explanation IS consistent with mine on the DVD analogy. Where it breaks down is taking a copy of a photo you did NOT buy or license. Even for personal use, that's theft, copyright infringement. If e bought a small photo then blew it up for his own use, no issue, but if the initial watermarked pic was a comp downloaded from Getty? Infringement.

[5kRunner]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

Anyone here remember Napster?

Not much selling going on there.

[staindsox]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

There absolutely is no infringement here. Kyle is using the materials for non-commercial use and for research. Easily a situation of fair use.

[trsent]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

...just in case - We will all have to visit Kyle in jail!

[Rob L]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

Just curious as to everyones thoughts but doesn't the $0.25 for 4x6 and $1.50 for the 8x10 constitute selling the image, even if it is just to cover copy costs?

[jppopma]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

Sometimes ignorance is bliss. I agree with the stateent made that all is good until you post it in public.

As for the technicalities and legalities of the copyright...its a tough call. Is he really taking a picture of the photo, or technically taking a photo of his computer screen which just happens to display the photo? As many lawyers as getty has, I'm sure there enough clear cut cases around to keep them busy.

If its only the selling of the pictures that is illegal, I'd suggest pooling in to pay Kyle for all of his photo match work (labor wise) and then he won't have to charge for the photos.

[Billyu40]

Re: How to get the photos you want printed out as an 8x10 from Getty, AP, etc.....

Forgive me for asking this but since many of you obviously know more about the law than I, but I would like some clarification.

Kyle is actually taking a picture of a picture not reproducing the actual photo. So therefore as stated in the copyright laws, a copyright protects original works of authorship, so then would it not be Kyle's copyrighted photo? If not, at what point is a photo taken of a copyrighted item your item to be copyrighted? For instance, I take a picture of an MLB team logo and sell them on ebay. Is this that againt the law, since its a copyrighted logo, or is it ok since the picture is my original work of authorship? What if I take a picture of myself in front of a famous work of art and include it in a book that I then publish and sell?

I can see how it may be trademark infringement since the photos Kyle has taken includes the AP logo and a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

The whole point of this is there is a very fine line here that none of us are qualified enough to specualte on unless someone recently received a Law Degree or stayed at a Holiday Inn Express last night. I think this is another good job by Kyle to think outside the lines to help out the forum.