Photo used for reference for commercial work. Infringement?

PhotoFrank · New Member Joined: 27 Nov 2008 Posts: 4

Hi my question relates to images that have been created using another image as reference.

No part of the original image is actually in the new image but the copy is clearly derived from the first.

Is this covered by copyright?

The derived image was published in a international design magazine along with a tutorial on how the work was produced with no reference or financial reimbursement to the original artist.

The original image does not appear in the article.

Any help greatly appreciated.
Thanks.

CopyrightAid · Site Admin Joined: 03 Jan 2007 Posts: 281

The act of adapting a work requires the consent of the copyright owner.

I quoted the relivant legislation in an earlier post, which you may want to check out http://www.copyrightaid.co.uk/forum/topic275.htm

I also came across this article which I think explains this area quite well http://www.copyrightservice.co.uk/copyright/p22_derivative_works.en.htm

PhotoFrank · New Member Joined: 27 Nov 2008 Posts: 4

Thanks a lot.
That's very helpful.

PhotoFrank · New Member Joined: 27 Nov 2008 Posts: 4

A quick follow up question.

How much parity is there between UK US and Australian copyright law?

CopyrightAid · Site Admin Joined: 03 Jan 2007 Posts: 281

Each country will have its own national copyright laws, but all the countries are signatories of the Berne convention so they will all provide similar conditions for copyright owners under the framework of that convention. (It is simply a case of checking the legislation of the country if specific details are needed).

Generally speaking there is a great deal of parity in terms of the 'principals' of national legislations - even though the actual texts will look wildly different and express the principals in different ways.

The Berne Convention in fact states:
"Authors of literary or artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations of their works."
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P168_31376
I therefore seems safe to assume that all the countries you mention will have similar clauses in their legislation.

PhotoFrank · New Member Joined: 27 Nov 2008 Posts: 4

Excellent, thank you.