kittycat1

Hi all,

I think there are a few people here that work in the magazine trade so can someone help me. I am currently working on an article for a British publication and my article includes some viusals made up from tear sheets from other fashion magazines- so using an editoiral image from Vogue and would be credited as such, so imagine I have bought the magazine, torn the page out and scanned it bag in.

So am I allowed touse these images or not- obviously these images are reproduced in different blogs etc with no usage fee being paid, so is it the same for printed mags? It is a trade magazine if that helps and would be used for print and web use?

Any one who has some up to date info or a contact who would know would be much appreciated. The editor is quite new and isn't sure either and they dont havean account with the likes of Getty!

Autonomy

Technically you'll be reproducing a copyrighted image without permission... I'd say this is dodgy for the magazine....

You might have bought the original magazine but that doesn't mean you gain the right to reproduce the image elsewhere.

That said - I'm not in the magazine business....

kittycat1

Thanks Auto, Thats what my gut says too- bugger! they are only going to be athe size of a stamp - how annoying!

Blue Cat

I am inclined to agree with Auto as well, speak to the mag in the UK for their advice before binning the idea

Meow

Copyright laws aren't exactly followed in the UAE, but you'll have an issue if the images are available outside of the UAE.

It's also very bad form not to pay and credit the photographer.

kittycat1

Meow- don't worry, I'm not trying to rip anyone off, but I know we wouldn't be able to pay Vogue or Steven Meisel usage rights and as these images are widely featured across the internet it has become a bit of a grey area. If you are crediting the magazine the image is originally from and not claiming the image to be your own, can you use it, as they are used across teh internet in this format?

I've spoken to a couple of fashion togs I know and they are also a little unclear. I basically need a picture editor!

kittycat1

Blue Cat- the editor doesn't know

Madam Medusa

no, you will need to get approval for usage from the original magazine/copyright holder...it's not just a case of copying the image, they retain the right to see how it is used, and they may not like what someone else is intending to do with it...

if it was here, you'd get away with it, but the ipr law in the uk is very strong and i wouldn't risk it...

MM, xx

Autonomy

To be honest - this is the magazine's (that is going to publish your article) problem - not yours... let them sort it out!

Meow

May I suggest that the editor ought to know? It's her job after all and an issue that is likely to crop up on a regular basis.

Hello.Kitty

yup, it's a no-no, I'm afraid. Buying any kind of publication does not give you rights to reproduce or distribute any part of it for public use, even if it is referenced.

I would also take it up with the publication you're writing this for, in that you suggest the images and then it's up to them to source them.

kittycat1

Ok the editor is a little bit clueless as is not from a fashion publication background, so yes she should know but she doesn't- nor does anyone in her office seemingly.

I would tell her to sort it out herself but I am a bit of a control freak when it comes to my work so as long as she can source the exact images I want then great. Workig on a back up plan now so hopefully all is not lost!

Bob

Might get away with it, but still opening yourself up for legal hassle.

If you own the rights to the photo, or get a shoot done, also make it clear that you own the distribution rights to those images for any and all use, not just what the shoot was about (mention it as Suzuki were being sued by a photographer who was hired to do a shoot for a trade show, but they used the photo's for magazines and web as well, in the end Suzuki won because the language in the contract gave a "implied consent" but rather expensive fix to a lazy contract).

Getty Images and the other stock photo companies tend to be pretty cheap to get a license, especially if this isn't a commercial magazine print.

The Dean

The issue is whether the images you want to use have been previously published as that publication's own work (e.g. staff photographer from XYZ magazine takes own pics which are published in that magazine) - in which case, avoid.

The grey area is that, unlike in some countries, in the UK nobody owns the copyright to their own image. It also works the other way round - there is a graphic design company in the West Midlands called 'Newmans', who once used a picture of actor Paul Newman in their logo. Perfectly legally.

Bahtatboy

But that's not the issue. Whenever you create a picture, you own the copyright to it, and nobody may use it without your permission. Newmans would only by free of any copyright issues if they had acquired the rights to the picture (as distinct from the contents). If Paul Newman had modelled for the picture in question, then there may have been further issues regarding his consent to how the picture was used.