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Author Topic: Copyright question  (Read 2747 times)
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davids
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« on: April 06, 2008, 08:55:54 AM »

I'm coming to the end of writing my first textbook. I wan to include photos in the book.I've got a question about copyright images.

Can I use my personal photos of famous images. The images would be copyright protected, I know. But what about my photos of those images, as I see them on the street; photos of those famous things in my possession (i.e. my daughter's Barbie doll)?

Concrete, factual info will be appreciated.
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- david s

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Deano
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« Reply #1 on: May 04, 2008, 04:23:10 PM »

I don't know the precise legal stuff about copyright images... but I imagine Mattel would be down on you like a ton of bricks if you used a Barbie doll image _without_ their permission. Ask them -- (if you include a smidgeon of advertising puff (like the history of Barbie e.g.) they'd probably be OK about it. Do this in every case -- a pain in the butt I know but better than getting the arse sued off you by the Lawyers of the Land of Litigation  Huh

I'd be interested in this textbook ol' Steppenwolf -- got a publisher interested yet?

keep me informed.

hth
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davids
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« Reply #2 on: May 04, 2008, 05:37:03 PM »

I imagine Mattel would be down on you like a ton of bricks if you used a Barbie doll image _without_ their permission. Ask them -- (if you include a smidgeon of advertising puff (like the history of Barbie e.g.) they'd probably be OK about it. Do this in every case -- a pain in the butt I know but better than getting the arse sued off you by the Lawyers of the Land of Litigation  ???


@@@ History? Advertising? This is a textbook. I'm planning on having a pict of, say, Rika-chan with a caption under it saying, "Is that supposed to be Barbie?"
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Robert Seltman
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« Reply #3 on: May 04, 2008, 08:20:03 PM »

My understanding is that we are granted some latitude if the images are for review (like a clip from a popular movie, book cover, product review) or as an educational supplement. This is perhaps why it was suggested you explain why you are using the Barbie Doll with some historical reference to assure the image was necessary as an educational example. To just use the Barbie doll as a prop may technically be inappropriate, particularly if she is doing rude or inappropriate body gestures. The example of a statement  like most popular US doll in some historical or statistical reference would be OK as would reviewing it as a product.

That said, probably you will not need to worry until you are published by a major international ESL distributor, at which time your art most likely will be dropped and replaced by in-house artists. My master thesis on Japanese Body language, available on the web at my website, was copied directly and published by a gaijin under his name using my self-drawn illustrations and copy, with very few changes. The book disappeared into the marsh of time and I never pursued the matter. His karma will come and follow him back to his home country. To do such a thing seems unimaginable to me, he must of been quite a loser.

Go ahead and use Barbie or find a Chinese rip-off Barbie look-alike instead to feel safer.
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Robert L. Seltman
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« Reply #4 on: May 04, 2008, 11:47:48 PM »

My understanding is that we are granted some latitude if the images are for review (like a clip from a popular movie, book cover, product review) or as an educational supplement. This is perhaps why it was suggested you explain why you are using the Barbie Doll with some historical reference to assure the image was necessary as an educational example. To just use the Barbie doll as a prop may technically be inappropriate, particularly if she is doing rude or inappropriate body gestures. The example of a statement  like most popular US doll in some historical or statistical reference would be OK as would reviewing it as a product.

That said, probably you will not need to worry until you are published by a major international ESL distributor, at which time your art most likely will be dropped and replaced by in-house artists. My master thesis on Japanese Body language, available on the web at my website, was copied directly and published by a gaijin under his name using my self-drawn illustrations and copy, with very few changes. The book disappeared into the marsh of time and I never pursued the matter. His karma will come and follow him back to his home country. To do such a thing seems unimaginable to me, he must of been quite a loser.

Go ahead and use Barbie or find a Chinese rip-off Barbie look-alike instead to feel safer.

Well said Robert. Now I won't be punching Steppenwolf up the bracket next time I see him  Wink

Wot's yer website URL prithee kind sir?

You seem like a parfait gentle knight. Bad news about the rip-off artist. Cool reaction from you.

I have actually met you once -- in 1995 when we were sorting out the post -earthquake mess of John Thingummy's home in Rokko.

atb
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BrainDeath, Captain, The...
Robert Seltman
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« Reply #5 on: May 05, 2008, 05:43:48 AM »

My Thesis on JAPANESE BODY LANGUAGE; Non-Verbal Communication in the Classroom (1991)
can be seen starting at
http://www.lov-e.com/RLSArticlesfolder/JBL1.html

I enjoyed researching and preparing my thesis, though, as most people in KMUG know, writing thesis and/or preparing a manuscript for a text is an arduous journey.

Good luck with your text book.
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Robert L. Seltman
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« Reply #6 on: May 05, 2008, 07:33:25 AM »

My Thesis on JAPANESE BODY LANGUAGE; Non-Verbal Communication in the Classroom (1991)
can be seen starting at
http://www.lov-e.com/RLSArticlesfolder/JBL1.html

I enjoyed researching and preparing my thesis, though, as most people in KMUG know, writing thesis and/or preparing a manuscript for a text is an arduous journey.

Good luck with your text book.

Thank you Robert -- I'm not writing a textbook though -it's Steppenwolf who's doing that. However, I do promise not to swipe any of your notions, unlike the other frightful bounder...

atb
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