Reproducing Cartoons, Paintings, Artwork or Portraits

This page outlines some legal traps involving copyright notice, modifying & displaying images, public domain images, and fair use. It will help you to find images you can use legally, as well as free images.

This information is provided with the understanding that the author is not a lawyer and is not engaged in rendering legal services, and makes no warranties or claims as to the accuracy or completeness of the information. This is a summary and for brevity many exceptions to the principles outlined have been left out. When workingwith legal issues, you should always seek experienced professional counsel.

The Bad News

Avoid copying or otherwise using images you find on web pages without permissionof the copyright owner. These and other uses violate Federal copyright law. The copyright owner can sue infringers for damages (the owner's lost profit), profits (any profit the infringer made), statutory damages (up to $10,000 and as much as $50,000 for willful infringement), and attorney'sfees and costs. They can get injunctive relief, and infringing copies and the equipment used to produce them can be impounded and destroyed.

It is also a criminal act to violate Federal copyright law (see 17 U.S.C.A.§ 506). It may qualify as a Federal misdemeanor (with a fine as much as $10,000 or imprisonment for up to one year.)

Be Careful - No Copyright Notice is Necessary on Images

Since October 31, 1988, works no longer need a copyright notice to have copyright protection. This means any image you find on a web page may be copyrighted. The traditional notice, such as "Copyright 1989 XZV Co." or " ©1989 XZV Co." is no longer required. Most web site content has been created since 1988, so beware.

Don't Copy, Modify or Display Images You Find

The Copyright act gives the copyright owner the exclusive right to reproduce or modify their work, and to exclude others from doing so. Copying includes copying or saving their image to your hard drive, or copying to other mediums, like scanning a photo from a book and turning it into a JPEG file.

Modifying a work, say by cropping, coloring, distorting, enlarging, etc. is not a way around this law. Creating a derivative work "or any other form in which a work may be recast, transformed or adapted" is an infringement.

If you take a copyrighted image without permission, and put it on a web page, you are violating the exclusive right of the copyright owner to display his work. (See 17 U.S.C.A. § 106).

Don't Copy Images You Think Are Public Domain

An old image that is public domain may still be protected in two ways:

• You cannot legally copy from another's copy. You must go to the source and make your own copy of a public domain image. (See Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99 (2^nd Cir. 1951)).
• In addition, their copy of the public domain image may itself be copyrighted.

See "How to Get Your Own Copy of Public Domain Images"below.

What about Fair Use?

If your use of copyrighted work is for:

- teaching, scholarship or research

- criticism or comment on a copyrighted work

- news reporting

your use of copyrighted material may be considered fair use. This will depend in addition upon on how much of a copyrighted work you use, how important that part of the work is to the whole, and the effect of your use upon the value or potential value of the copyrighted work.It is best to get a legal opinion. (See 17 U.S.C.A. § 107).

The Good News

Free Images You Already Have Permission to Use

Here are some free public domain images you can copy because the copyright owner (the author of this page) is hereby giving you permission :)

More Information on Using Images Legally

If you are a designer, new media artist, CD-ROM/DVD producer, video producer, web page designer or work with still or moving images, you need to know more. This page was condensed from a small part of the book How to Use Images Legally.

Getting Permission

Sometimes getting permission is as easy as asking. Be sure you are getting permission from the copyright owner, who may not be the same person as the web page contact or even the person who created the image. More on this subject is discussed in-depth in the book How to Use Images Legally.

How to Get Your Own Copies of Public Domain Images

A researcher can often find public domain images for you inexpensively.

Conclusion

The need for images and the complexity of intellectual property law are both rising rapidly. Luckily, there are solutions for those needing images within the law. Hopefully this page will help you avoid some of the traps and help you find some of the images you need.

©1997-1999 Scott Tambert, All Rights Reserved. All images researched or created by the author.

I welcome your comments. Sorry, I am not a lawyer and by law I cannot furnish you with legal advice or answer legal questions.