RedShoesGirl Posted March 21, 2011 Share Posted March 21, 2011 (edited) i found this article about a photographer whose work was stolen by another artist to create new work, to be particularly pertinent and important to the geocoin designing community. in essence, fair use does not protect a coin designer from copyright infringement when using a photo that belongs to someone else as the basis of a geocoin. that means out of a book, off of a postcard, a photo found on the web etc. there are a few designs out there that are almost direct copies of photos i found with an easy search on the web. that is a no-no. and finally a court ruling that says so. "Now, looking into the 4 factors that make up fair use: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The judge weighs each one:" right off the bat the first factor is "commercial nature." if you are making a coin for sale that is a commercial nature. making a painting from someone else's photo and then using the painting as the basis of a coin is not allowed! the rest of the judge's explanation make it very clear what is and what isn't allowed. i hope this guy gets taken to the cleaners. he made and stood to make millions off the original works. examples of the originals and the "transformed" paintings and collages are at the bottom of the story. copyright decision finally, photographs are being protected. Edited March 21, 2011 by RedShoesGirl Quote Link to comment
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