Doug Kerr
Well-known member
I would be interested on the take of the members on a copyright issue. A US context is assumed.
I will frame it in one very specific form, but of course the issues are broader.
• A photographic image is known to be in the public domain by virtue of its having been taken by a U.S. government employee as part of his official duties.
• An online "image store" acquires a print of the photo, presumably originally issued by the sponsoring agency's public information image.
• The store scans the photo. They do not "alter" it in ways such as removing objects, artificially changing the background, etc. Of course, the exact nature of the digital file is determined by such things as the scanner profile.
• The store offers online for sale prints of the image in various sizes, mounted and unmounted, and as well (for a price) the image file (in rather high resolution) as a download.
• They also have in their online catalog a viewable copy of the image at modest resolution. It does not contain any visible "watermark" or such.
• I download this latter image (not as a paid transaction), work it over a little bit, print it, mount it, and offer it for sale at a neighborhood rummage sale.
Now, the kernel of the issue is this: Does the "image store", by scanning the image and putting it in digital form, create a "derivative work" in which the store may claim any rights under copyright doctrine?
More directly, have I violated any rights of the agency by downloading this "catalog" image, printing it, and offering it for sale?
Best regards,
Doug
I will frame it in one very specific form, but of course the issues are broader.
• A photographic image is known to be in the public domain by virtue of its having been taken by a U.S. government employee as part of his official duties.
• An online "image store" acquires a print of the photo, presumably originally issued by the sponsoring agency's public information image.
• The store scans the photo. They do not "alter" it in ways such as removing objects, artificially changing the background, etc. Of course, the exact nature of the digital file is determined by such things as the scanner profile.
• The store offers online for sale prints of the image in various sizes, mounted and unmounted, and as well (for a price) the image file (in rather high resolution) as a download.
• They also have in their online catalog a viewable copy of the image at modest resolution. It does not contain any visible "watermark" or such.
• I download this latter image (not as a paid transaction), work it over a little bit, print it, mount it, and offer it for sale at a neighborhood rummage sale.
Now, the kernel of the issue is this: Does the "image store", by scanning the image and putting it in digital form, create a "derivative work" in which the store may claim any rights under copyright doctrine?
More directly, have I violated any rights of the agency by downloading this "catalog" image, printing it, and offering it for sale?
Best regards,
Doug