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question about my waterdrop photo

pasknucklehead

US
1527 posts

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pasknucklehead Silver Member Nikonian since 05th Feb 2008
Sat 29-Sep-12 02:05 AM

Hi everyone, well, wait til you see what I've been working on now. You all remember my announcement about having some of my waterdrops hanging down at our newly opened gallery. Well, the owner has asked me for a few more pieces of my work and I wanted to do something a little different, and most certainly more challenging. And that it was. But here is my thoughts now that I have several of them done. I used a book for my backdrop, even though you can't see it, there is indication of what it was in my waterdrops. Does anyone of you know if this would be illegal to hang in the gallery and possibly sell?
Let me attach it so you guys can see what I'm asking...All the photos are on the same order,,,I used the brush in pse10 to liquify the background to make it look cooler. I put the name on the photo so people who were looking at the picture can say "oh, how cool is that" because they will then actually realize the whole purpose of the drops...let me know what you all think....thanks and I think it is cool.

Click on image to view larger version


Attachment#1 (jpg file)

Darlene

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IanCT

SF Bay, US
253 posts

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#1. "RE: question about my waterdrop photo" | In response to Reply # 0

IanCT Registered since 15th Sep 2008
Sat 29-Sep-12 03:07 AM | edited Sat 29-Sep-12 03:08 AM by IanCT

While it is a neat photo, it would be advisable not to sell it. Display would be questionable as well...

Put it this way, if you have to question the legality of it, it might not be legal.

If someone took your image and used it in the same way for profit without permission, you would be upset, no?

__________________________________
IanThurstonPhotography.com | Blog & Gallery

elec164

US
2578 posts

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#2. "RE: question about my waterdrop photo" | In response to Reply # 0

elec164 Silver Member Nikonian since 15th Jan 2009
Sat 29-Sep-12 08:53 AM

Questions such as this would best be answered by a lawyer that is versed in copyright and trademark law.

Soliciting advice from outhouse lawyers is a recipe for disaster.

Just my humble opinion.

Pete

Pete

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pasknucklehead

US
1527 posts

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#3. "RE: question about my waterdrop photo" | In response to Reply # 2

pasknucklehead Silver Member Nikonian since 05th Feb 2008
Sat 29-Sep-12 11:12 AM

I was afraid of that....man,,,,I worked so hard on this...but it is better to be safe than sorry.................Thanks Pete for that read between the lines post....(outhouse lawyers) that's too funny...but good advice..Thankyou also my previous post friend, if someone sold my stuff, I'd be furious and while Dr. Suess is our friend, he possibly would take off my head...thanks guys

Darlene

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JosephK

Seattle, WA, US
7074 posts

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#4. "RE: question about my waterdrop photo" | In response to Reply # 0

JosephK Silver Member Fellow Ribbon awarded for his excellent and frequent contributions and sharing his in-depth knowledge and experience with the community in the Nikonians spirit. Nikonian since 17th Apr 2006
Sat 29-Sep-12 02:06 PM

The background is not a problem, even if derived from the same picture as the drops. The potential problem is the "copy" of the picture in the drops.

Your question got me curious, so I went looking for what guidance I could find. The clearest I found was this:
http://wiki.lawguru.com/index.php/Derivative_work

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Joseph K
Seattle, WA, USA

D700, D200, D70S, 24-70mm f/2.8, VR 70-200mm f/2.8 II, 50mm f/1.4 D,
17-55mm f/2.8 DX, 70-300mm f/4.5-5.6 VR, 18-70mm f/3.5-4.5 DX

pasknucklehead

US
1527 posts

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#5. "RE: question about my waterdrop photo" | In response to Reply # 4

pasknucklehead Silver Member Nikonian since 05th Feb 2008
Sun 30-Sep-12 02:14 PM

Good reading Joseph, thankyou..What I did was this,,since the owner of the gallery was expecting me to have something new finished, I went to our local walmart store, bought 5 little 5x7 colored frames, inserted my pictures, (I did a total of 5 different photos like the one I posted which was 5 seperate Dr. Suess books) and then took them down to show her exactly what I was working on. Then humbly informed her that I could not have them displayed there or even sell them. She wasn't happy because she loved them, but she did understand. So what I did was offer them to her children for their bedroom wall...So all my work wasn't in vain when I saw the smile on the little ones faces..Live and learn right,,,,,,, right....

Darlene

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JosephK

Seattle, WA, US
7074 posts

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#6. "RE: question about my waterdrop photo" | In response to Reply # 5

JosephK Silver Member Fellow Ribbon awarded for his excellent and frequent contributions and sharing his in-depth knowledge and experience with the community in the Nikonians spirit. Nikonian since 17th Apr 2006
Sun 30-Sep-12 02:49 PM

If you contact the Dr. Seuss owners and get a license or other permission, you are good to go.

drseuss at drseuss dot com

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Joseph K
Seattle, WA, USA

D700, D200, D70S, 24-70mm f/2.8, VR 70-200mm f/2.8 II, 50mm f/1.4 D,
17-55mm f/2.8 DX, 70-300mm f/4.5-5.6 VR, 18-70mm f/3.5-4.5 DX

pasknucklehead

US
1527 posts

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#7. "RE: question about my waterdrop photo" | In response to Reply # 6

pasknucklehead Silver Member Nikonian since 05th Feb 2008
Mon 01-Oct-12 12:20 AM

Hey, thanks again Joseph, I just emailed them...I'll let you all know what they say....At least this way you guys won't have to visit me in jail......hehehehe

Darlene

Visit my Nikonians gallery.

G