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  1. #1
    Oates
    Guest

    Default Copyright Image Query (complicated)

    This isn't related to Family History, but I hope someone here can help me anyway.

    For my coursework, I need a picture of rotten teeth (to show the effects of a poor diet) and cannot find a free use image anywhere, nor can I take one myself. Instead, I decided to use a cartoon style picture of ordinary teeth and then alter it myself in Paint to make them look rotten.

    The image I used came from a ClickArt CD my parents bought years ago which was published in 1996. ClickArt was owned by the now defunct Broderbund and now looks as though the new versions are owned by Mindscape. (It's hard to tell with all the buying and selling of software companies that has gone on in the last decade.) The versions I have are no longer for sale.

    Any ideas who owns the copyright and if it's legal to alter the image, giving credit to where the original came from? I have to fill in 'who owns it', 'location', whether it's a primary or secondary source and 'copyright information'. It's for my GCSE so I need the correct information and it needs to be legal.
    Last edited by Oates; 02-09-2007 at 8:32 PM. Reason: highlight key point

  2. #2
    Guy Etchells
    Guest

    Default

    Go to
    https://www.eastman.ucl.ac.uk/educati...ges/index.html

    Copyright notice states-
    Copyright Notice

    All of the images on this website are copyright of the Eastman Dental Institute. Permission is given to use one or more of the images providing ALL the following conditions are satisfied:
    1. The images can only be used for purposes which are educational AND non-commercial. This excludes use in books, software or courses which are for profit.
    2. If you use one or more of the images, you must acknowledge the source of the image(s). You must place the following caption beneath the image: '(c) Eastman Dental Institute'. If the image(s) are used on the internet, the acknowledgement must contain a reference or link to 'https://www.eastman.ucl.ac.uk'.
    3. You must NOT alter the images (through, for example, cropping, overlays or filters) in any way.
    4. If you use one or more of the images you must inform [email protected] of which image(s) you use what they will be used for (including URL if on the internet).
    It seems therefore you would be able to use an image or two from the selection.
    Cheers
    Guy

  3. #3
    Oates
    Guest

    Default

    Quote Originally Posted by Guy Etchells View Post
    Go to
    https://www.eastman.ucl.ac.uk/educati...ges/index.html

    Copyright notice states-
    Copyright Notice

    All of the images on this website are copyright of the Eastman Dental Institute. Permission is given to use one or more of the images providing ALL the following conditions are satisfied:
    1. The images can only be used for purposes which are educational AND non-commercial. This excludes use in books, software or courses which are for profit.
    2. If you use one or more of the images, you must acknowledge the source of the image(s). You must place the following caption beneath the image: '(c) Eastman Dental Institute'. If the image(s) are used on the internet, the acknowledgement must contain a reference or link to 'https://www.eastman.ucl.ac.uk'.
    3. You must NOT alter the images (through, for example, cropping, overlays or filters) in any way.
    4. If you use one or more of the images you must inform [email protected] of which image(s) you use what they will be used for (including URL if on the internet).
    It seems therefore you would be able to use an image or two from the selection.
    Cheers
    Guy
    Thanks but I've already used the other image which is perfect for what I need. I just need the copyright information for my sources table. Also, the image is on a poster aimed at young children. For that reason, I think a cartoon would be more effective. While gruesome pictures might discourage them from eating too much sugar, the children will be less likely to pay attention to the rest of the poster and won't like looking at it.

  4. #4
    Shadrack
    Guest

    Default

    The image I used came from a ClickArt CD my parents bought years ago which was published in 1996.

    If the CD was bought for you then from my knowledge you can use it for any purpose.


    The image is yours and who ever else bought the CD.


    If I am wrong , I am sure someone here will let me know.

  5. #5
    Guy Etchells
    Guest

    Default

    If you use a copyright image in your course work without permission you could be setting yourself up for problems.
    When you buy a CD you simple buy a copy of something not the right to reproduce it.

    There is a chance you might be covered by "fair dealing" in copyright law but you could be falling foul of licencing conditions.
    I would strongly advise you not to use any image unless you are certain it is not copyright controlled.

    You mentioned yourself it has to be legal yet you are contemplating using an image even though you are doubtful of the copyright position.
    Cheers
    Guy

  6. #6
    Oates
    Guest

    Default

    Quote Originally Posted by Guy Etchells View Post
    You mentioned yourself it has to be legal yet you are contemplating using an image even though you are doubtful of the copyright position.
    Cheers
    Guy
    No, I'm trying to find out the copyright position before rejecting the image. I was wondering if there were laws regarding copyright of defunct companies or expiration of copyright perhaps or something about altering images.

    The CD came with a catalogue + user guide. I looked right through it and there's not one word about copyright of the images. It only mentions copyright of the ClickArt logo and the image viewing program on the CD. It does however give guidance on how to arrange them on flyers and websites etc which shows that images are fine for use in that way. I did try emailing Broderbund a while ago but of course, as the company is no longer trading, there was no response. I'll try emailing Mindscape instead.

  7. #7
    Jon Whiting
    Guest

    Default ClickArt

    Quote Originally Posted by Oates View Post
    No, I'm trying to find out the copyright position before rejecting the image. I was wondering if there were laws regarding copyright of defunct companies or expiration of copyright perhaps or something about altering images.

    The CD came with a catalogue + user guide. I looked right through it and there's not one word about copyright of the images. It only mentions copyright of the ClickArt logo and the image viewing program on the CD. It does however give guidance on how to arrange them on flyers and websites etc which shows that images are fine for use in that way. I did try emailing Broderbund a while ago but of course, as the company is no longer trading, there was no response. I'll try emailing Mindscape instead.
    As far as I know, the purpose of these CDs of ClickArt were for the purchaser (i.e. You) to use in posters, newsletters, etc. There used to be many CDs of that sort on sale in the 1990s, but now most people get images directly from the internet.

    Copyright does not actually expire on the demise of a company. Usually, another company buys out the assets of the old company, including all rights to copyrights, etc. It will expire eventually, after a number of years, but not yet.

    The best thing to do would be to add a comments such as "image extracted from title of CD published year by Broderbund, copyright acknowledged". This is from a message I had some time ago when quoting from a play whose author could not be found, and who appeared to have no agent.

    Jon

  8. #8
    Oates
    Guest

    Default

    Quote Originally Posted by Jon Whiting View Post
    As far as I know, the purpose of these CDs of ClickArt were for the purchaser (i.e. You) to use in posters, newsletters, etc. There used to be many CDs of that sort on sale in the 1990s, but now most people get images directly from the internet.

    Copyright does not actually expire on the demise of a company. Usually, another company buys out the assets of the old company, including all rights to copyrights, etc. It will expire eventually, after a number of years, but not yet.

    The best thing to do would be to add a comments such as "image extracted from title of CD published year by Broderbund, copyright acknowledged". This is from a message I had some time ago when quoting from a play whose author could not be found, and who appeared to have no agent.

    Jon

    I haven't used the image as is though. I changed it quite a bit myself. How does this affect the copyright? Or can I not do this at all? I emailed Mindscape anyway, hopefully they'll tell me one way or the other.

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