Image use - public domain

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  1. Bede le Venerable profile image70
    Bede le Venerableposted 6 years ago

    Suppose there’s an ancient piece of artwork that’s not yet in the public domain. So, I go to the museum and take a photo. Now I have a workable image. The wiki commons is full of such images.

    Now suppose I have a print of an ancient piece of art on my wall that somebody else photographed. Again, the original is not in the public domain. Can I take a photo of the print and call it mine?

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  2. psycheskinner profile image66
    psycheskinnerposted 6 years ago

    The second one is clear, a photo of a photo is a derivative work.  It is not copyright free.

    Taking a picture in a gallery depends on the terms and conditions you agree to on entry.  They routinely allow no photos at all or only for personal use.

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    1. Bede le Venerable profile image70
      Bede le Venerableposted 6 years agoin reply to this

      Okay, is it wrong to use images from the wiki commons that are photos of photos, where the original is not in the public domain? I’ve made use of a least two such images in hubs.

      If wiki commons permits photos of photos, then what’s the harm with a photo of an art print? The print I have is from a 16th century painting, which most likely qualifies as public domain.

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      1. psycheskinner profile image66
        psycheskinnerposted 6 years agoin reply to this

        If wiki commons has photos of photos under copyright they are in error.  If you get sent an invoice to pay, it won't matter where you got the picture--only that it is under copyright and you violated it.  Bloggers have had to pay 1000s of dollars under similar circumstances.  The rights holder has the legal right to charge their usual rate which is some cases is a lot.

        Bottom line, it is your duty to find out whether the original work, or the print are under copy right.  Whether you use the original or take a picture of it has not affect on the rights issue.

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        1. Bede le Venerable profile image70
          Bede le Venerableposted 6 years agoin reply to this

          Okay, thanks for the input. There are plenty of other safe images to use. There’s no sense in going to jail or losing sleep over this.

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