Forum Moderators: not2easy
Infringing a copyright is illegal whether in an art book, for profit or anywhere. If you want to use someone else's image, ask first.
Many of us spend a great deal of time tracking down copy cats who are too lazy to take their own images or too cheap to buy photos or hire a photographer. Some how these copiers seem to think they have some inalienable right to use my work for free. Wrong! Very, very wrong!
Just because you aren't going to make a big profit from the theft doesn't make it any less wrong, although it may lessen your monetary penalty when you are eventually caught. There are many reasons, other than just profit, to retain ownership of original images.
A lot of these ebay sellers reuse the same images for later auctions - when they have a large amount of "sony widget-trons", or whatever they aren't going to photograph each and every one.
Also, sometimes for whatever reason the sale falls through, and they reuse the image in a later auction.
If it seems like a lot of extra work, well - just think of it as one of the sacrifices you are making for your art.
Copying is plagiarism, it is illegal, no matter your intrepretation of the value of the work. Do you presume to know the intent of "hundreds" of photographers without bothering to contact them?
Just because the item has sold does not mean the photo of the article has no further value.
What was the point of your question? Self-satisfaction? You thought we will tell it is right to use stolen images?
Copyright is copyright. Law is law. You can't go a little bit against it. After all the judgle has only 2 sentences: guilty and not guilty. There isn't such thing as a little bit guilty, or slightly guilty.
lets kill this thread, its just a waste of time for us all. if you have a problem with what i'm doing...
tough
Have you thought about what might happen if you were to appropriate an image that the ebay seller may not have had the rights to use in the first place?
Lots of them think the same as you. "I'm only going to be using it for a few days, no one will mind". This happens alot. Hell, a lot of them even hotlink to the pictures on my site.
Do you think that "I copied it from an old ebay auction" is going to be a great defence in court?
You claim to be an art director who has to deal with negotiating rights, do you think it will help your reputation to be found by a court to be a willful copyright infringer?
You aren't just being arrogant, you are being stupid.
On the plus side, by this post being in a public forum, presumably indexable by the search engines, if someone does find their images misappropriated for use in an "art book" for sale in the New York area, perhaps they'll be able to find this thread, make the connection, and then the infringer will not be able to claim "innocent infringement."
Even if only dozens of Ebayers file for royalties against the infringer, who is, after all, trying to benefit financially (no matter how small) by the use of their art, well, I imagine attorney's fees could likely exceed any profits to be made from such a book. Unless, of course, the book does become a big seller, in which case, I imagine even more Ebayers will be filing suit for their piece of the action.
Oh, and the printer who prints the book, if they did not have the person placing the order sign a form indicating that he/she has obtained permission to use the images, they can be held liable for the copyright infringement as well. And, if the person did sign the form, again, that throws the "innocent infringement" argument right out the window too.
So, perhaps we should all sit back and enjoy the show?
maybe i was a bit optimistic in saying that this project might make money, i'm absolutely sure this will be a money loser. my previous book, of my own (uncopyrighted) photos, was 50% given away free and 50% sold in bookstores. maybe i recouped 40% of the printing costs. but these projects are not about money, its about the creating art.
so if litigation happens, i'm ok with it, the publicity won't hurt, and worst case scenario is a cease and desist order.
so don't take the moral high ground with me, as the money grubbers are the other respondants in this thread.
i won't take anymore of your time, i'm sure you've got to get back to your google searches and make sure all your precious "things" are not being stolen.