Object Stock and Copyright Issues..need your help
WorriedI recently received a comment on an object that I had taken a photo of, that said submitting the photo as stock was copyright infringement on the person who made the object. The photo has been removed from my gallery, as I don't wish to be banned from DA for copyright infringement.
But where do you draw the line when it comes to object stock?
Let's face it, many times when we take a photo of an object, the object was not made by us. Still life photographers often use objects or pieces of art that were not made by them to make up their photo. Is this copyright infringement?
I generally do body stock, but have recently taken some object stock photos. I have several lovely dragon pieces around my home, and some of them I photographed to play with in photoshop myself, but considered loading them to my stock account for others to use, but is this copyright infringement since I did not make the piece?
Here is an example of one of the photos in my scraps section. I've seen similar photos of other dragon statues on DA, but are these photos of these statues legal?
[link]
I've considered photographing the swords and daggers in my collection to offer as object stock, however they are not made by me, so do I dare?
I've considered photographing some of the carousel horse ornaments that were on my christmas tree, but I didn't make them, so is this a copyright infringement?
What about the pretty oriential jar sitting on my desk or the unicorn snow globe? Neither are made by me.
Should I remove the pictures of the african carousel animals that I took from my gallery? Or the few other object stock photos I've submitted?
So where do we draw the line on copyright infringement when it comes to photographing objects? DA has an objects stock category, but is this only for objects that we ourselves have made? Or is this for photos of whatever objects we please?
Your comments, thoughts, ideas, and/or help are greatly apprectiated, as I'm a little lost as to what to do right now! The last thing I want to do is get banned from DA due to object stock!!
Thanks!!
Mistress Kristin
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Devious Comments
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If this was going to be a problem then object stock would be outlawed on DA like porn is.
Whoever made the comment needs to settle down.
Once I painted a camel - from a little sculpture - later I found out who the painter/creator of the camel was. So, I just asked them for permission to use it as reference....
I think you are pretty on the save side, when it comes to buildings and such (esp. OLD ones), but all "craftsart" are probably under copyright...
But I am NOT SURE
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I know Disney stuff has copyright attached so its a nono, though the buildings etc in the parks are public places and is acceptable, characters are not.
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Fair use and fair dealing
Main articles: Fair use and Fair dealing
Copyright does not prohibit all copying or replication. In the United States, the fair use doctrine, codified by the Copyright Act of 1976 as 17 U.S.C. Section 107, permits some copying and distribution without permission of the copyright holder or payment to same. The statute does not clearly define fair use, but instead gives four non-exclusive factors to consider in a fair use analysis. Those factors are:
1. the purpose and character of your use
2. the nature of the copyrighted work
3. what amount and proportion of the whole work was taken, and
4. the effect of the use upon the potential market for or value of the copyrighted work.
Source: Wikipedia [link]
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I try to avoid taking pictures of certain objects to use for stock. When it comes to taking pictures of objects, I tend to take pictures of generic bags or boxes and post those as stock. I wouldn't take pictures of...say a pikachu plushie and post it as stock. I'm not sure what the rules are when it comes to statues and the other such things...
I'm reasonably sure money is fair game. *scratches head*
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I never said i took the picture so, i dont understand why it was deleted
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