Hello from Nantwich / Copyright question

[PaulCockcroft]

Good morning all,
This could be a more unusual thread, so forgive me! A local photographer, Derek Sherwin suggested forums to try and get an answer to a specific question.

My wife is a pencil artist. She has been given a print as a commissioned piece, it will be a gift. The print is in fact a photo the lady has found from the internet so belongs to a photographer. Can anyone tell me the correct procedure to ensure no copyright issues are broken. We have explained to the lady that we cannot procede with the piece of artwork until we are sure we are legal! We have found the photographer online, but as yet he hasn't replied to our correspondance.

Hoping someone can help.

Cheers
Paul

 

[SarahLee]

Hello Paul and welcome.
I'm moving this into one of the main discussion boards for you, as I think it may get overlooked in the welcome forum.

 

[Box Brownie]

Hi Paul

Based on your outline I would surmise that you are being asked to create a derivative work, as starting point I think this will give you some of the answers you seek http://www.copyrightservice.co.uk/copyright/p22_derivative_works.en.htm

As a side note the fact that the lady has printed off said image may already have infringed the photographers rights e.g. does he say for example on his website something like all "images are copyright Fred Bloggs and cannot be reproduced without express written permission" FWIW he does not even have to say anything of the sort for his images to be 'protected' as the copyright is his the instance he pressed the shutter and no one has any rights to the image without his permission!

In my opinion, for what little it is worth, until you get his permission in writing you can do nothing to help the lady..............indeed on purely moral grounds I think you should educate her on the matter in case she seeks to find another 'pencil artist' with fewer scruples than you & your wife.

HTH and that you can indeed get comms with the photographer to agree terms on the matter???

Edit: case in point is what Derek Sherwin says on his own website "Copyright Notice: All images are copyright Derek Sherwin and may not be reproduced without express permission."