A Word About Copyright

starlightexp

One also needs to consider that even if a picture fits into the 'public domain' status the subject matter may not. People are tricky, with movies stars and such you may find images that are 'not copyrighted' but the actor/actress can still bring suit if they feel they are being used to sell something they did not condone. I can't take a picture of Angela Lansbury, slap in on a tarot card and sell it as a deck. I own the picture, but not this rights to publish it. HEre is a post from Yahoo on the subject:
Publication is a different matter.
In the UK for instance there is NO requirement for a model release even if this image were to be used in a "commercial" manner. Neither is there a specific privacy law in the UK.
So in effect the image could be used for anything and the only comeback the subject would have would be if the image or the captioning were libelous or defamatory.

In France there are very strict privacy laws these days and even using an image for editorial purposes could potentially see you in court.

In the US, different states have different privacy laws but in general an image taken in a public place can be published for editorial, art or educational purposes.
For "commercial" use (i.e deck making that you are publishing and not just for personal use) then a model release would normally be required.Commercial use is NOT just making money from the image, but rather when the image is used as part of an advertisement and it would be deemed that the subject endorsed that product or service.

If you just want to put the image on-line as a straightforward image (editorial or artistic) then there should be absolutely no problems.





So when gathering images one needs to be aware that just because it is in the PD does NOT mean you can use a person in a deck without their consent. They fully have the right to sue
 

starlightexp

Here is a GREAT site that answers a ton of questions about using online pictures as well as what one needs to do to REALLY copyright their work:


http://www.rightsforartists.com/copyright.html



From the site:

Can't I take an image and change it to make it mine?


No. Because one of the exclusive rights granted under copyright is the individual right of the copyright owner to create derivative works from their original copyrighted material.

Modifying or altering an image is infringing upon the copyright owner's rights unless expressed permission is granted or the modification falls under fair use (which is highly unlikely).

In a few court cases, a modified image was not considered infringement because the original image was no longer recognizable due to the extent and variety of the alterations.

Altering or modifying published works is strongly not recommended because most artists, writers, musicians, photographers, etc., can recognize their own work even through modifications.

Many people believe the "myth" that if they change an existing image a percentage (10%, 30%, etc.), then they can legally use the image. Be advised: that is not the law.
 

gregory

Nice one starlightexpress. Too many people are too casual about all this stuff. Sarah Ovenall's site is very good on collage with the imagery of others, too - http://www.funnystrange.com/copyright/index.html

I would always ask the artist - and if they say no - end of - even if someone has listed the image on wiki commons and said that you can use it. In the case of Old Master paintings - the situation sadly remains very tricky in terms of images already on line, and it is still in the courts as far as I know. It isn't something I would want to try without asking. And for heaven's sake - digital cameras are so cheap - why not go out and take a picture of something you need instead of trawling the web - I have even found it was QUICKER !

On the other hand, I just got permission from someone (on behalf of a friend) to use an entire tarot deck. It NEVER hurts to ask and it is the ONLY polite and honourable thing to do.