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Copyright Public photograph of possible private building?

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Steel City Kid

Junior Member
My State is: PIttsburgh, Pennsylvania, Home of the 2005 WORLD CHAMPION STEELERS

Great site, hope you can help.

I have an image that was taken by someone else of whom I don't have permission (yet) and was located on a foreign site (Japanese or Chinese - can't read either) and basically it's an image of a building in las vegas featuring a giant Sphinx and a Pharoah.

Now, I am a photoshop expert and am creating something for a client for which they'd like something of the sort. So, I took the picture from the Asian indeterminate website, and pasted it into my editing program. I then took careful steps to remove everything but the Pharoah out. I then changed all the colors, cut parts of him off that im not using, and digitally altered his facial features from that of the original.

I don't wish to claim copyright to this "new" image that is part of other images that I have permission to use in print, but I don't want to be sued by anyone owning the copyright to the original sculpture / building or the website owner (assuming he or she had the right to post that image in the first place).

I am also not sure what this final piece will be used for (whether it's sold or something promotional etc) What are my rights if any, and can I possibly get into any legal hot water?

Sorry for the long post, hope you can help!
 
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Steel City Kid

Junior Member
Just a bump, I need an answer! Even speculation (based on fact) would help me make a better informed decision, or help me rephrase my question to be better answered.
 

divgradcurl

Senior Member
Here's the thing -- if the copyright owner would be unable to recognize his or her original photograph in you chopped and modified image, then what's the worry?

If the picture was taken from a publicly-accessible vantage point, then the building or sculture owner cannot keep you from using the picture.
 

Steel City Kid

Junior Member
But is the image of the (in this case statue) copywritten itself?

I'm not concerned with the photographer(s) finding out, because it is very much altered from it's original state and there is 0% chance htey can say that was in their image originally as opposed ot I took the image myelf.

But is it legal to use this image of (again, a statue) in my photo if the statue represents a company of some sort?

It is a picture of the pharoah outside of hte luxor, but chopped and modded far outside what can be considered origina. Color changes and what not.
 

divgradcurl

Senior Member
Steel City Kid said:
But is the image of the (in this case statue) copywritten itself?

I'm not concerned with the photographer(s) finding out, because it is very much altered from it's original state and there is 0% chance htey can say that was in their image originally as opposed ot I took the image myelf.

But is it legal to use this image of (again, a statue) in my photo if the statue represents a company of some sort?

It is a picture of the pharoah outside of hte luxor, but chopped and modded far outside what can be considered origina. Color changes and what not.

If the statue is photographed from a public vantage point, and is not a trademark of a particular organization or company, then you can use the photo as you choose, regardless of the copyright statuts of the statue.
 

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