Using my own photos

13 years ago

Yes, you can certainly use your own photos for anything you like.
What business idea do you have where you may be able to use your photos?

Good luck

Thanks

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Burton Lancaster

13 years ago

Absolutely! Taking a photo is a work of art and photos inherently have the same rights original works of art have.

Originally Posted by funkynassau

I'm mulling around in my head an idea to make some money online and I would be using some of my best photos. If I use photos of something that is well known, London Bridge as an example, is it ok to do that since I took the photo? How about a building or a well known castle if I took the photo?

Thanks,
Funkynassau

Thanks
2 replies

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ElmoreMarketing

13 years ago

I would recommend adding a watermark to all of your photos

Thanks
1 reply

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funkynassau

13 years ago

Thanks for the quick replies! I never have to wait long on this forum :-)

What we are thinking is online greeting cards made with actual photos. The reasoning behind this is it is hard to get a decent greeting card anywhere in my part of the province. Many birthday or anniversary cards are either rude or insulting in some way. Some are truly funny, but not many. Funny mother's day cards are next to impossible to find. Father's day cards are funny, but not mom's day, dunno why that is.

Not all of us like gushy mushy cards either, and often it's hard to find the right card with the right picture or drawing on it. Blank cards are often preferable to me, then I can write an appropriate msg. inside.

I've been doing a lot of research on this, online, and there does seem to be a market for really nice cards, original cards, and photo cards. I have a fair sized stash of really good photos of nature, buildings, animals etc.

I am open to all thoughts on this topic.
Thanks,
Funkynassau

Thanks
1 reply

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funkynassau

13 years ago

Ralf Skirr, I am female :-)

Thanks for your opinion. I have looked online for info about using bldgs. and have not found anything yet that says I may be violating something. If I was, I could certainly change my thoughts and not use buildings and stick to other things like nature, animals etc.

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Ralf Skirr

13 years ago

Originally Posted by funkynassau

Thanks for your opinion. I have looked online for info about using bldgs. and have not found anything yet that says I may be violating something. If I was, I could certainly change my thoughts and not use buildings and stick to other things like nature, animals etc.

I'm not saying you can't do it at all. In some cases you can, in some you can't. The problem is to know what applies when. That's why I wrote 'it's complicated'. :-)

Thanks

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Ralf Skirr 13 years ago

Sorry guys, you're giving absolute crap advice to the OP that could ruin him financially.

It's actually very complicated since buildings, works of art, and other things involve rights of people like the architect, the artist, the owner etc.

Just that it's visible in public does NOT mean you can photograph it and use the photos commercially.

@funkynassau Do not rely on advice here. Do some google research online and you will find examples where people got into trouble because of commercially using pictures of seemingly public buildings.

Ralf
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sbucciarel

Banned 13 years ago

Originally Posted by funkynassau

If I use photos of something that is well known, London Bridge as an example, is it ok to do that since I took the photo? How about a building or a well known castle if I took the photo?

Only time I could think that you wouldn't be able to use your own photo is in places that restrict cameras/photos.

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BloggingPro

13 years ago

I use a lot of my own pictures for several image based sites I have created. Sunsets are by far my personal favorite, with the amazing scene's we have where I live.

Hot rods are also a favorite of mine and taking pictures of them saves on royalty fee's. Now if I could just get someone to follow celebs around and let me HAVE the pics... lol, well I'd be made!

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funkynassau 13 years ago

I have some amazing sunset pix taken in Mexico by me, and I had already thought of using them.

We have antique/classic cars and I can use them because they are ours and I took the pix. Blogging Pro did you get permission from the rod owner to use the pix of his/her car?

Good luck with that celeb thing :-)
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sbucciarel

Banned 13 years ago

You cannot take pics of copyrighted works without the permission of the copyright holder, which includes art, statues, sculture, etc.

Legal Pitfalls in Taking or Using Photographs of Copyright Material, Trademarks and People

Taking photos of buildings

Architectural works are protected by copyright to some degree, but in most countries you may photograph a building, if the building is located in a public place or is visible from a public place. You may also publish and distribute the photo without permission.vii

Taking photos of copyright works in public places

In some countries, you don’t need permission to photograph certain artistic works that are permanently displayed in a public place (for example, in a park or on the street). You can also publish and commercialize the photograph without infringing copyright.

However, this exception applies only:

To certain types of works: usually, only to three-dimensional works, such as sculptures and craft. So, you may still need prior permission to take a photo of a painting or a mural in a public place;
If the work is displayed in public: to photograph a sculpture in a private house, a permission will usually be required; and
If the work is displayed in public permanently: if you want to photograph a sculpture which is only temporarily sited in a public place, you would usually need permission.

Taking photos to accompany news reports

Usually, copyright works may be used for the purpose of reporting a news. For example, you could take a photo of a sculpture which won a major art prize, if that photo is to be used in a news report on TV or in a media article discussing or announcing the award-winner. However, you will usually have the obligation to identify the name of the creator, and maybe also the name or title of the work that you have captured in your photo.

Taking photos to accompany a review or critique

In most countries, copyright material may be used for criticism or review. For example, if you are taking photos of cartoons for a book which reviews, critiques or analyses the works. Just like for the exception of news reporting, you will usually be required to identify the copyright work and the name of the artist.

Taking a photo of a copyright work to advertise its sale

If you photograph a painting or other artistic work for the sole purpose of advertising its sale, for example, in an auction or sale catalogue, then you will usually not need prior authorization.
Using a copyright work as a background in a photo

In most countries, you will not need permission if you want to include a work in a photograph if its is merely a part of the background or is otherwise incidental to the principle object/subject represented in the photograph. However, it may be difficult to assess what is “incidental.” This will depend on all the facts and circumstances of each case. The question you need to ask is why you want to include that particular copyright work in your photograph. If it is essential to the purpose for which you create the photograph, then it is impossible to say that it is “incidental.” Conversely, if you just want to include the work as something casual and not directly relevant to any aesthetic purpose or commercial reason, then you probably need no permission.

Example: You publish a photograph in a newspaper to illustrate an article concerning some official gathering. The photograph incidentally contains a sculpture in which copyright subsists. Such use is likely to be allowed since the sculpture adds no meaning to the main subject matter. Conversely, if you would photograph that very same sculpture to print it on postcards and sell them, this would normally be a copyright infringement.

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Onora Oz

13 years ago

Ralf's giving cool advice here. It is really complicated.

If a building was built before December 1990, it's in public domain. So, you won't have a big problem unless the building's design is trademarked.

You should be extra careful if you are shooting some new building. New buildings are usually copyrighted and trademarked. Since you are going to sell your photos (commercial use), you may want to research further.

Thanks

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dudeontheweb

13 years ago

You have to do your homework. The OP's location says Ontario, Canada. Ralf's says Germany & Thailand. Every country has there own laws and regulations regarding copyright. What may fly in the US may not work in Canada.

So research your respective country's copyright laws.

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funkynassau 13 years ago

Thanks for all of the info. I had no intentions of photographing statues or art or someone's house. What I meant was something like London Bridge.

Yes I am in Ontario Canada. My main subjects would be nature such as flowers, trees, pretty gardens etc. I live on a 100 acre farm with 4 distinct seasons so my opportunity for varied nature scenes is huge. I have pets, there is wildlife around me, so more opportunities. There are some beautiful waterfalls not far away too.
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Using my own photos

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