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Old 03-24-2005, 04:08 PM   #4
Steve_S
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Join Date: Aug 1998
Location: Las Vegas, Nevada, USA
Posts: 5,224
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Fantastic question. THanks for asking


Ditto

You want a "derritive work" which must be preapproved in a given stock photo shops licensing agreament. Even a tweak in Photoshop and or a combo of images and or a screen saver fall into this category. ALL must be licensed and I guarnatee you that 99% of every collection which is sold for a small price of pennjes per image is in fact "stolen" and IMHO, the seller belongs in jail!

Some other thoughts:

1. Carefully read our own thread for more help at:

http://www.geekvillage.com/forums/sh...threadid=26911

A single image which was stolen cost one of our members over 3K.

2. See another reasonably pirced solution at:

http://istockphoto.com/

HOWEVER, you need specific approval for your intended use. If it's not on the site then don't do it.

3. I exstracted some text from these CD babe collections. NONE of which is adequate. ALL of which lacks any semblence to what is really needed to properly license "images"

This:

1. Notice To eBay Staff or Anyone Concerned:
No trademark or copyright laws have been violated.
THE SELLER, JaysUnique is a license owner of this product.THIS AUCTION IS FOR 3CD-RS Comes in a New Plastic case. It is not copies, I CREATED THE CDS, WHICH IS MY OWN COPYRIGHT AND I HOLD THE RIGHTS TO IT, THEREFORE I AM ALLOWED TO POST IT AND TO SELL IT TO YOU

NOTE TO EBAY: this cd includes no full frontal nudity, only women with bikinis and thongs are included on this CD and so this does not violate any ebay listing policies. Additionally this is a personal compilation from public sites within the public domain and no image copyrights have been breached in any way (we can provide a copy of the CD upon request if required). It is owned and exclusively distributed by *hypnosis* and the item and description is to be logged with ebay Vero programme.

---> Baloney! Prove and show me the model release and the photographers release/license. Finding stuff on the net does not, never has, and never will mean it's properly licensed and complies with the DMCA. THus I conclude that 99% of these cheapo images are not and never have been PD.

You will also hear the term "fair use" and that discussion could go on for years. ! IN the specific case we are discussing and your intended use and not other circumstances "fair use" dose not and will never apply.

HTH and thanks so much for a really great question
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