Copyright Image use for a poster.

[Lebrun]

Hi everyone,

 

I'm doing right now a 3D render to present a bedroom furnitures collection.

 

It's a teenage design room. I was wandering if I can use for example a poster picture of a musical group to decorate the scene.

 

Thanks a lot,

 

Pascal

[Scott Schroeder]

It depends. I'm guessing you don't have permission to use the image or it's not included in a creative commons license. In a technical sense, no. Double no if it's Metallica since Lars will probably sue you.

 

However, will they find out? Probably not. Unless this is for magazine print, then you don't want to use anything you don't have permission for.

[anejo]

It depends. I'm guessing you don't have permission to use the image or it's not included in a creative commons license. In a technical sense, no. Double no if it's Metallica since Lars will probably sue you.

 

However, will they find out? Probably not. Unless this is for magazine print, then you don't want to use anything you don't have permission for.

 

 

What If she own a physical copy of a print/poster of Metallica, does she have the right to use it in a rendering?

[Scott Schroeder]

What If she own a physical copy of a print/poster of Metallica, does she have the right to use it in a rendering?

 

I would say no. The photographer owns the rights and Metallica may not want their image used to sell that particular bedroom furniture (assuming it's for an IKEA like catalog).

 

I would venture to guess it is the same as a movie or music. Just because you buy the Hobbit on blue-ray doesn't mean you own the rights to the Hobbit movie and can show it for profit in your house or use imagery from the film in your own personal work.

[Lebrun]

Thanks Scott, your comment is really helpful.

 

Cheers,

 

Pascal

[RyderSK]

I find my artwork on Behance and contact the people directly for copyright, usually they're friendly about this, and you can find lot of small photographers.

[Lebrun]

Good idea Juraj, thanks a lot for the tip.

[jaysonjames]

I think it is illegal, the photography is the asset of a photographer, So, please don't use it for personal.

[Lebrun]

I thnik there is a misunderstand Jayson, Juraj said that he contact de photographers directly for demand of using there artwork. If the artist is agree with that, I dont know why it can be illegal.

[RyderSK]

I think it is illegal, the photography is the asset of a photographer, So, please don't use it for personal.

 

I wrote "I find my artwork on Behance and contact the people directly for copyright, usually they're friendly about this, and you can find lot of small photographers." This applies if you refered to my advice :- ) If not, then:

 

Actually what you wrote is wrong, because for personal use, it's possible to get away with this in USA under "Fair use", in rest of the world, it is grey zone. Author can be displeased at most. It's still unfortunate behaviour and lot of people misuse it.

 

What I wrote I did, I ask directly for possible use in my commercial work. I only use it with written approval/full consent.

Edited November 29, 2013 by RyderSK

[jaysonjames]

If you take permission to use then its ok dear....

[HVB]

So i wonder. If you are not allowed to add a poster to a render, how does that work when your a photographer? If i would get a job to take photos of a house and in the childeren room there is a poster of a musicband, should you take it off to?

For me this is a real gray area, i always avoid using stuff like this in my renders but if i compare it with taking photos i think it would be kind of weird if that is allowed and it's not allowed in a render.

[notamondayfan]

The same rules probably apply to copyrighted designs such as furniture too if you're looking to be pedantic.

 

I don't know the law as such, but my understanding is that so long as you aren't copying the item for re-production of said item, ie a render of a chair, only to create a visual representation of the chair, and you aren't re-producing the chair to create and sell the real item.

 

In the same way, art in a room isn't what you are selling. In photography, real world sets are filled with real art, furniture, props etc and they don't get sued.

[Scott Schroeder]

So i wonder. If you are not allowed to add a poster to a render, how does that work when your a photographer? If i would get a job to take photos of a house and in the childeren room there is a poster of a musicband, should you take it off to?

For me this is a real gray area, i always avoid using stuff like this in my renders but if i compare it with taking photos i think it would be kind of weird if that is allowed and it's not allowed in a render.

 

If you want to be a squeaky clean legal eagle, yes, you'd take it down. Especially if it's an iconic poster. The thing with bands, they may not want their name tied to that particular photograph. Not only do you have to deal with the band name, but the likenesses of the artists, their name, the name of the tour/cd, and so on. I'm sure you could find some great crook of a lawyer to come sue you claiming that the only reason that house sold was the artist's likeness and therefore they want a cut of your fees.

 

You also may not want to sell the house with a Napalm Death poster in the room either.

 

A photograph of the building is all legal(ish), photographing the art associated with the building may be another issue:

http://asmp.org/tutorials/photos-public-buildings.html#.Up32ieKVS0g

 

http://www.pacaoffice.org/resources/specialReleases.html

[JDx]

Always use images from free stock websites.