copyright questions

[jhop]

Ok, I am putting together a web site for commercial purposes (well, i HOPE to make it commercial one day). I want some kid friendly clip art, but I know I can't steal it off the web, and I am not skilled to draw my own.

Then I had an idea. I have a cute teddy bear, so I take a picture of it, delete the background, run some photoshop effects over it, and I have a cute teddy bear picture for my site. If I want a different pose, i just pose him differently and repeat.

However my wife is questioning the copyright on this. Someone made the bear, and owns the copyright on it, so I cant make a new one and use it commercially. How far does that copyright extend? Can I use commercially pictures of it, how much would I have to change it before I could use it? It is a reasonably distinctive bear, so the picture is definitely that bear, not just a generic one.

A work of art is copyright, and you cant use a photo of it either. I believe the lights on the eifil tower are copyright, but not the tower itself. Or is this one of those areas where no one really understands the law at all?

[Directed]

If you alter the appearance of the bear sufficiently, (using a photoshop filter for instance) you should have no legal problems whatsoever. As long as you are not profiting from the marketing of that image, you should have no problems either.

[SOC]

Ok, I am putting together a web site for commercial purposes (well, i HOPE to make it commercial one day). I want some kid friendly clip art, but I know I can't steal it off the web, and I am not skilled to draw my own.

Then I had an idea. I have a cute teddy bear, so I take a picture of it, delete the background, run some photoshop effects over it, and I have a cute teddy bear picture for my site. If I want a different pose, i just pose him differently and repeat.

However my wife is questioning the copyright on this. Someone made the bear, and owns the copyright on it, so I cant make a new one and use it commercially. How far does that copyright extend? Can I use commercially pictures of it, how much would I have to change it before I could use it? It is a reasonably distinctive bear, so the picture is definitely that bear, not just a generic one.

A work of art is copyright, and you cant use a photo of it either. I believe the lights on the eifil tower are copyright, but not the tower itself. Or is this one of those areas where no one really understands the law at all?
OK, if you want some REAL advice, read this article (http://technology.guardian.co.uk/online/insideit/story/0,,2002906,00.html) from last week's Technology Guardian.

Personally I would suggest using one of the stock photo sites, it's much safer and there are free ones out there. Your plan to photograph your own teddy bear and Photoshop it has minimal risk - but there is still a risk.

EDIT: a quick search revealed THIS (http://www.btinternet.com/~fireballxl5/home/playroom/pics/teddybear0618.jpg) ... it's free. Will it do?

[Directed]

SOC, the difference between your article and his question is that he himself is planning on creating his own artwork using a store-bought bear. He is in no danger of the type of copy-right infringement discussed in that article. Instead, he has a concern of violating the intellectual rights involving the bear itself. If he alters the appearance of that bear, he is in the clear. Even if he keeps the appearance of the bear the same, he may still be ok, I'm not completely sure about that.

[woz11211]

My family has been into intellectual property law for a long time. I know most about US law, my father is more international. I believe that Directed is correct. Altering the appearance of the bear significantly should do the trick. As long as there is no logos on the bear, and you aren't specifically profiting off of the bear you're in the clear. SOC also had a good idea by going with images already in the public domain for free use.

[jhop]

ok, to push the issue further (Im a curious chap)
What photo's of mine could I release to the public domain? Could I release a photo of said bear? i Know coke a thingy about their logo, but what about a photo of their logo? If not, there goes most streetscapes in the world! If so, then I can just take a photo of anything, and it is mine. i guess there is an obvious difference really between a photo containing something as one of its elements, and a photo OF something, as just a way to reproduce it. Lets face it, scanning is just a way of taking a photo. hrm.

Ok, So i'll go ahead with the bear, and if I get in trouble I'll say 'but wozza said!'

[kleph]

http://www.editorialphoto.com/