Using Copyright Images

[ace]

Hi guys,

 

This is slightly off topic, but I am sure that you will be able to help me! I am looking for more information relative to the use of stolen images in an advertising campaign.

 

Basically at my university anyone wishing to get elected to the student union committe is allowed to run an advertising campaign and most of the candidates are using posters as their main advertising tool. Several of the candidates are using clearly copyright images, such as exerts from the comic strip 'peanuts' and using modified versions of the 'carlsberg' advert.

 

I am sure that this is illegal as they have stolen the images without permission. Can anyone point me in the direction of the legislation which confirms/denies this?

 

Many Thanks,

 

Chris

[bruce]

well, the law you're looking for is probably the Design, Patents & Copyright Act 1988.

 

Bruce.

[ace]

Cool..

 

That looks exactly like what I was looking for. Any idea which section would be most relevant to this issue? I am not very good at interpretating this wording!!

 

Many Thanks,

 

Chris

[paulears]

It's quite straightforward - the critical phrase is intellectual property. Have a word with people on any music courses you have running at your uni - copyright issues are always covered as part of the course. Pretty well using any physical piece of intellectual property that you don't have rights over is an infringement. You could try to clear the copyright, but sometimes that is a nightmare process in itself. Most people who try to be honest give up. If the image is owned by a large company like Disney, MacDonalds, Ford etc, then a direct request may return an immediate cease and desist letter. Other times you might get a phone call just saying "please don't ask". EMI once told me that they unofficially didn't want to know about the 20 secs of their copyright music I wanted to use in a show. It turned out that the fee would have been £17 and the cost of the contract to them £70 - so just wasn't worth it. If you use a design like the peanuts ones mentioned, it certainly is a copyright issue, but do you rally want to open this particular can of worms? You won't get much thanks - and to be honest, as nobody is making any money out of the use - is it really a problem? (and why yours?)

[Guest lightnix]

As said above, if you copy a copyrighted piece of work without permission of the copyright owner, then you have infringed their copyright. However, any action the copyright owner might wish to take against you would have to be through the civil, rather than criminal, courts.

 

but do you rally want to open this particular can of worms? You won't get much thanks - and to be honest, as nobody is making any money out of the use - is it really a problem? (and why yours?)

Exactly. Why not think of an original idea instead?

[ace]

Hi guys!

 

Thanks for your help on this issue! I should make my stance slightly more clear. I have gone with an origional design and have no intention with infringing upon anyone elses copyright. It is the competition who have done so and as such I wish to make a complaint to our student union. I was merely looking for the appropriate legislation to support my complaint!

 

Many Thanks,

[paulears]

Are you sure that what you are doing is not saying "look Guys, I know my own design isn't up to the standard of the others, but they should be disallowed because they're stolen?". It may well come accross as this. I know, as someone who had to create posters with, to be honest, very little graphic design talent, that it is very easy to spot how bad yours is, but not have the ability to do better.

 

I do think that reporting theirs, while on solid legal grounds, won't exactly do your reputation much good.

 

If the people who look at the stuff can spot it's a rip-off without you joining in - this is a better way. people aren't stupid (well, with a few exceptions)

[Modge]

I think this thread nicely somes up why I hate student politics with so much passion.

[ace]

Hi Guys,

 

Thanks for your input again. Even thought my posters are an origional design, they still look far more professional than the ripped of images! (I tend to be quite talented at this kind of thing). The reason we are doing this is that it is all about politics. I have no intention of ruining the other students campaigns, but I see great potential for asking the candidates going for the communications position, at question time: 'Are you aware that under section bla of the 1988 copyright act you are breaking the law with your advertising. What is to stop you doing this whilst you are representng the Student Union and university though ignorance of copyright and marketing laws'.

 

Therefore I am just trying to get my facts straight. I don't intend to be a spoilsport, just show that we can use politics to gt a leg up!

 

Many Thanks

[Bryson]

Hmmmm....negative politics are all the rage these days...but I'm unsure how well that would go down. If I was a voter and watched someone do that, I'd think, "what a git" and then vote for the other guy.

[MikeR]

Just a thought but you might find that the use of copyright images within an educational establishment is deemed to be fair use as is the reproduction of sections of text & research works, which would make you appear doubly daft when you raise the issue. Suggest you leave well enough alone.

[djw1981]

It happens in most Uni;s and even in the student magazines because they either apply or get their magazines by under the acemic rules! Or they use their skilled staff deisgners to rip off the commercial adverts and change them slightly to been misrecognised at first glance but different enough toescape lawyers attention.

[Guest lightnix]

Despite what I said earlier, there is the defence of "Fair Use" in some copyright cases.

 

One example of Fair Use can be that of parody, which by nature relies on there being an original work to send up.

 

I'm not sure what the UK position is, but click here to read more about parody as Fair Use in the US.

 

I too, would avoid negative criticisms of other people's work. It's a basic (but too often ignored) rule of business, that you don't diss the competition; to do so gives the impression that you are afraid of it. Competition should always be welcomed and, at the most, used only for the purpose of comparison, to emphasise the positive aspects of your own work.

[ace]

I too, would avoid negative criticisms of other people's work. It's a basic (but too often ignored) rule of business, that you don't diss the competition; to do so gives the impression that you are afraid of it. Competition should always be welcomed and, at the most, used only for the purpose of comparison, to emphasise the positive aspects of your own work.

 

That was very well said! Of course we decided not to try and attack the opposition, despite the temptation to do so!! Thank you for all your input it was an interesting debate! ;) :D