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other peoples photographs/image - copyright

Started by December 06, 2006 03:34 PM
11 comments, last by Obscure 17 years, 11 months ago
I want to use photographs in a game, these will not be photographs taken by me, I see I cannot just I use any image I see on the net of whoever I want, what is the procedure on using peoples images, say I want an image of an actor or model, I cannot just use this, who owns the copyright on the image, the actor, the photographer, some company that owns it, what if the person in the image is dead, or the person that took the image, what is the deal on using photographs of people, what if someones image is used in the game whats the kick back there, what if its dead people, what I am saying here is I want to use images of famous people in a game, what is the procedure about using images photographs in games.
Note for those planning on replying -- UK copyright law applies to this thread.

The simple rule is to get permission from the owners of the copyright. That means permission from the photographer, and possibly permission to use an image of the subject of the photo.

Images of famous people also gets trademark law involved, so you may need to get permission for that as well.
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Tracking down permission would be hard, by that I mean I would have to track down the holder then go though other stuff, as I am looking for 100 images of famous people known for glamour or attractiveness this would take time.

It would be better if I just went to a company that held the rights to images I wanted, I am sure these companies then sell the use off the image,

Trademark, what if they are dead people, does that still apply.

Are there any instances when an image is public property ie no one can claim it and anyone can just use it.
Quote: Original post by Abbadon
Tracking down permission would be hard, by that I mean I would have to track down the holder then go though other stuff, as I am looking for 100 images of famous people known for glamour or attractiveness this would take time.
yes it would.... thems the breaks I'm afraid, sorry.

Quote: It would be better if I just went to a company that held the rights to images I wanted, I am sure these companies then sell the use off the image,
There certainly are photo libraries that will sell you rights to bulk images.... just depends if they have the images you want.

Quote: Trademark, what if they are dead people, does that still apply.
Copyrights and trademarks last beyond death. The person's estate may control/use the trademark.

Quote: Are there any instances when an image is public property ie no one can claim it and anyone can just use it.
Yes there are. Unfortunately you still have to do all the searching to find out if the images are in the public domain or not.
Dan Marchant - Business Development Consultant
www.obscure.co.uk
Quote: Are there any instances when an image is public property ie no one can claim it and anyone can just use it.

Old images need a smaller bit of homework.

In the UK there is the 1945/1996 legal issue. The term was 50 years until the end of 1995. Then it became Life+70 to fall in line with international treaty. If the image is from before 1945 and the copyright holder (person, not estate) was dead before 1996, the image is in public domain. If the person wasn't dead the copyright may have been 'revived', and the image may still be covered.

There was a transition period during the year that is confusing to everybody. Also, there are tons of loopholes if you were already using the image prior to revival. But those are much more murky.

Simply put, if the photographer is known dead prior to 1/1/1996 and the image is known to come from before 1/1/1945, the image itself is public domain in the UK. Otherwise the copyright is still in force and owned by somebody unless explicitly placed in the public domain.

Finally, even if the copyright on the image expired, it may still be protected by trademark or other law.


It is *so* much easier to create your own IP rather than trying to reuse other people's stuff.
Quote - It is *so* much easier to create your own IP rather than trying to reuse other people's stuff.

Its not so easy for what I am looking for, the project calls for images of
glamour models, pin ups, screen icons or models, so in a word I have to find images of sexy women. I did think hey ill go for sexy women that are now dead, so pick images of women from the past say 1940s- 50s or even 60s, but I see here its the photographer, though they may not be the one that owns the image. Trademark I would of thought a dead person no longer held that, though someone may have that after they are dead perhaps.

There are just heaps of the photo libraries on the net finding one that carries images of sexy ladies could take forever.

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You can try Corbis and Getty Images in the states. I think they still sell rights-free images on CDs you can order. Otherwise, there are a few rights-free ones on their web sites.

http://pro.corbis.com
http://www.gettyimages.com


For videos, you can look into the BBC Motion Gallery

http://www.bbcmotiongallery.com

-cb
Quote: Original post by Abbadon
Quote - It is *so* much easier to create your own IP rather than trying to reuse other people's stuff.

Its not so easy for what I am looking for, the project calls for images of glamour models, pin ups, screen icons or models, so in a word I have to find images of sexy women.
The point is that it is easier if you design titles that don't use other people's IP in the first place.
"Hey here's an idea we use {xyz}"
"Errr no, other people's IP is a mare - bin that, next idea please."

Why not just get a photographer and some young aspiring (cheap) models and just take the pictures you need and avoid any rights issues.

Dan Marchant - Business Development Consultant
www.obscure.co.uk

Quote - Why not just get a photographer and some young aspiring (cheap) models and just take the pictures you need and avoid any rights issues.

I thought of that, its an option for some games ideas, but when we say cheap, things are not as cheap as one imagines, say if it cost 50 quid per model, times that by 100 and you are at 5 grand, works out not quite so cheap.
I had a look through corbis, they have a lot of images, though I see the images are rights managed, so clearance of the image may be under review, so I would have to see what kind of price that entails, not sure what the costs are for that, may be dearer than I think.

I wonder how magazines go on, they have countless images, as would say an encyclopedia computer program, or say a quiz game they must have a good source for images, I am sure there will be a group of dominant companies that service this need.

That's was my post above by the way, forgot to sign in

I think pictures of girls from today, taken in a style of the old pin ups will be cheaper than getting the right to a picture of a 'star' from the past, even though no one could give a hoot for someone that had a name 40 or 50 years ago, is now an old lady or deceased, I think the right to use the image may be inflated in cost perhaps, plus they may not give the right to use the image, or demand a high price, better to use a picture of an aspiring model who wants the exposure, I have done a search and their seems to be lots of models that model in the old style pin up image which would be just right for my project.

[Edited by - Abbadon on December 7, 2006 1:40:05 PM]

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