How does one know if an image is public domain?

Rizla · 06-16-2012, 09:02 AM

The subject says it all. Lets presume its an old image dating back to WW2, it's well-known and many versions exist on the net on many sites. How can one tell if it's okay to use for the cover of a book? I've heard some pretty awful horror stories...

HarryT · 06-16-2012, 09:06 AM

Simple answer: you don't.

Don't assume that just because something is often reproduced, it's freely copyable. In most cases it isn't. Remember that in most countries, copyright extends for 70 years after death, which means that a picture taken in 1942 will still be protected by copyright even if the photographer died on the day it was taken.

Image rights are a nightmare. It's just not worth the risk of using an existing image.

SensualPoet · 06-16-2012, 10:10 AM

That is definitely NOT the rule in Canada, with respect to images (and sound recordings). But -- point well taken! -- it's still murky.

Photographs, if owned by a corporation (for example a photo by a staff photographer published in his/her newspaper), are protected for 50 years from the date of the making of the original negative, ie 1961 or earlier.

But, in Canada, if the photographs are owned by a person, the date of death of the photographer is key. So, WWII war time photographs by Yousef Karsh, who died in 2002, won't enter public domain until 2053.

Rizla · 06-16-2012, 11:01 AM

Thanks. I better learn how to draw. Haw haw!

Kumabjorn · 06-16-2012, 02:46 PM

What happens if you use it for tracing a drawing, or converting it into a drawing using some kind of software?

dwig · 06-16-2012, 04:40 PM

Quote:

Originally Posted by Kumabjorn

What happens if you use it for tracing a drawing, or converting it into a drawing using some kind of software?

In the US, if the original photo was copyrighted then such a copy would be illegal unless the "copy" was substantially altered.

Penforhire · 06-16-2012, 05:42 PM

Right now one of the better ways of searching for who might own an image is to see where it pops up using Tineye.com . The image might be attributed somewhere.

6charlong · 06-16-2012, 06:54 PM

What about photographs you take yourself?

A building, public or private?
A photo of an artistic reproduction--a statuette or vase for instance--something you purchased?
An outdoor photo with people in the background?
A photo of a public park or garden?

For those of us who can't draw...well.

fjtorres · 06-17-2012, 07:36 AM

Photos you take yourself are *usually* yours but with some exceptions; some buildings are copyrighted and/or trademarked.
The usual criteria in those cases is "commercial gain". For personal use you can do anything but not for sale or for promotional use. i.e., using a picture of Cinderella's castle on the cover of your "historical romance" is probably not going to fly.

Very murky subject:
http://www.copyright.gov/help/faq/faq-protect.html

http://photo.net/bboard/q-and-a-fetc...&msg_id=004im1

djulian · 06-17-2012, 12:28 PM

There are several photos on Wikipedia and on Flickr that are specifically marked, "No copyright" or "Public domain." I have used a couple of these (for book covers, for website posts) and I just save a static copy of the page on which their copyright information is posted.

There are a couple of photographers that upload images to Wikipedia and specifically make them all "public domain" when releasing them.

HenryCrun · 06-17-2012, 01:27 PM

You can find images that are in the public domain via:

http://search.creativecommons.org/

I don't know how to check whether an existing image is in the public domain.

ebusinesstutor · 06-17-2012, 01:41 PM

I use photos from a lot of stock photo web sites for my ebook, websites, etc. for myself and my clients.

Here are some free ones:
http://sxc.hu/
http://morguefile.com/

The one I use most is a paid one. iStockPhoto.com. The selection is much better and more professional than the free ones and the photos usually end up costing me $3 to $7 each depending. Well worth paying the extra for the selection.

charlesatan · 06-17-2012, 10:42 PM

Honestly the best way is to track the copyright owner/notice...

cromag · 06-17-2012, 11:52 PM

You specifically mention WW2, and that the image is "well known."

Was this taken by an American photographer, employed by the government? If that's the case it might very well be in the public domain. I know -- this really only makes it more complicated!

Try looking for your photo here:

http://www.usa.gov/Topics/Graphics.shtml

HarryT · 06-18-2012, 10:09 AM

Quote:

Originally Posted by HenryCrun

You can find images that are in the public domain via:

http://search.creativecommons.org/

I don't know how to check whether an existing image is in the public domain.

Creative Commons works are not in the public domain.

06-16-2012, 09:02 AM	#1
Rizla Member Retired Posts: 3,183 Karma: 11721895 Join Date: Nov 2010 Device: Nook STR (rooted) & Sony T2	How does one know if an image is public domain? The subject says it all. Lets presume its an old image dating back to WW2, it's well-known and many versions exist on the net on many sites. How can one tell if it's okay to use for the cover of a book? I've heard some pretty awful horror stories...

06-17-2012, 07:36 AM	#9
fjtorres Grand Sorcerer Posts: 11,732 Karma: 128354696 Join Date: May 2009 Location: 26 kly from Sgr A* Device: T100TA,PW2,PRS-T1,KT,FireHD 8.9,K2, PB360,BeBook One,Axim51v,TC1000	Photos you take yourself are usually yours but with some exceptions; some buildings are copyrighted and/or trademarked. The usual criteria in those cases is "commercial gain". For personal use you can do anything but not for sale or for promotional use. i.e., using a picture of Cinderella's castle on the cover of your "historical romance" is probably not going to fly. Very murky subject: http://www.copyright.gov/help/faq/faq-protect.html http://photo.net/bboard/q-and-a-fetc...&msg_id=004im1 Last edited by fjtorres; 06-17-2012 at 07:42 AM.

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06-16-2012, 09:06 AM	#2
HarryT eBook Enthusiast Posts: 85,544 Karma: 93383043 Join Date: Nov 2006 Location: UK Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6	Simple answer: you don't. Don't assume that just because something is often reproduced, it's freely copyable. In most cases it isn't. Remember that in most countries, copyright extends for 70 years after death, which means that a picture taken in 1942 will still be protected by copyright even if the photographer died on the day it was taken. Image rights are a nightmare. It's just not worth the risk of using an existing image.

06-16-2012, 10:10 AM	#3
SensualPoet Wizard Posts: 2,302 Karma: 2607151 Join Date: Nov 2009 Location: Toronto Device: Kobo Aura HD, Kindle Paperwhite, Asus ZenPad 3, Kobo Glo	That is definitely NOT the rule in Canada, with respect to images (and sound recordings). But -- point well taken! -- it's still murky. Photographs, if owned by a corporation (for example a photo by a staff photographer published in his/her newspaper), are protected for 50 years from the date of the making of the original negative, ie 1961 or earlier. But, in Canada, if the photographs are owned by a person, the date of death of the photographer is key. So, WWII war time photographs by Yousef Karsh, who died in 2002, won't enter public domain until 2053.

06-16-2012, 11:01 AM	#4
Rizla Member Retired Posts: 3,183 Karma: 11721895 Join Date: Nov 2010 Device: Nook STR (rooted) & Sony T2	Thanks. I better learn how to draw. Haw haw!

06-16-2012, 02:46 PM	#5
Kumabjorn Basculocolpic Posts: 4,356 Karma: 20181319 Join Date: Jul 2010 Location: Sweden Device: Kindle 3 WiFi, Kindle 4SO, Kindle for Android, Sony PRS-350 and PRS-T1	What happens if you use it for tracing a drawing, or converting it into a drawing using some kind of software?

06-16-2012, 05:42 PM	#7
Penforhire Wizard Posts: 2,230 Karma: 7145404 Join Date: Nov 2007 Location: Southern California Device: Kindle Voyage & iPhone 7+	Right now one of the better ways of searching for who might own an image is to see where it pops up using Tineye.com . The image might be attributed somewhere.

06-16-2012, 06:54 PM	#8
6charlong friendly lurker Posts: 896 Karma: 2436026 Join Date: Apr 2007 Location: US Device: Kindle, nook, Apple and Kobo	What about photographs you take yourself? A building, public or private? A photo of an artistic reproduction--a statuette or vase for instance--something you purchased? An outdoor photo with people in the background? A photo of a public park or garden? For those of us who can't draw...well.

06-17-2012, 12:28 PM	#10
djulian Evangelist Posts: 408 Karma: 1786912 Join Date: Nov 2010 Device: Kindle Voyage	There are several photos on Wikipedia and on Flickr that are specifically marked, "No copyright" or "Public domain." I have used a couple of these (for book covers, for website posts) and I just save a static copy of the page on which their copyright information is posted. There are a couple of photographers that upload images to Wikipedia and specifically make them all "public domain" when releasing them.

06-17-2012, 01:27 PM	#11
HenryCrun Junior Member Posts: 3 Karma: 10 Join Date: Mar 2012 Location: The Netherlands Device: Kobo Touch	You can find images that are in the public domain via: http://search.creativecommons.org/ I don't know how to check whether an existing image is in the public domain.

06-17-2012, 01:41 PM	#12
ebusinesstutor Star Gawker Posts: 526 Karma: 6944314 Join Date: Nov 2010 Location: Spruce Grove, AB Canada Device: Kindle Paperwhite	I use photos from a lot of stock photo web sites for my ebook, websites, etc. for myself and my clients. Here are some free ones: http://sxc.hu/ http://morguefile.com/ The one I use most is a paid one. iStockPhoto.com. The selection is much better and more professional than the free ones and the photos usually end up costing me $3 to $7 each depending. Well worth paying the extra for the selection.

06-17-2012, 10:42 PM	#13
charlesatan Addict Posts: 230 Karma: 3799024 Join Date: May 2012 Device: iPad	Honestly the best way is to track the copyright owner/notice...

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06-17-2012, 11:52 PM	#14
cromag Surfin the alpha waves ~~ Posts: 24,289 Karma: 459220161 Join Date: Dec 2010 Location: New Jersey Device: Jetbook Lite & Mini, Nook STR, Kobo, Hanvon N516, Kindle 2, Androids	You specifically mention WW2, and that the image is "well known." Was this taken by an American photographer, employed by the government? If that's the case it might very well be in the public domain. I know -- this really only makes it more complicated! Try looking for your photo here: http://www.usa.gov/Topics/Graphics.shtml