garisimo
New Member
I am in the middle of a project for a client who has given me several photos of shovels to use in a suitability matrix grid sign. This matrix would, ideally, have the manufacturer's name/type of the shovel, the photo of the shovel, specific intended use for each shovel, attributes of each shovel (toughness, blade type, etc.), and where to purchase/estimated cost for each. The photos provided were not shot by the client, and in fact can be readily found online on various websites selling the shovels (I imagine these are the product shots each mfg. takes for catalog purposes). My question is not one of copyright -- I am aware that these images are protected, and even if I did a vector conversion I still would be creating a derivative work, subject to penalties under copyright law. My question is one of damages. These signs (maybe a dozen) would be placed in several workhouses for contractor reference. If the copyright holder(s) of one or more of these images decided they had been harmed by my unauthorized reproduction what recourse could they demand? Would it be to merely destroy the signs? Turn over the profits from the signs? Sue for a gazillion dollars?
It might be possible to argue Fair Use, because the images are being used to educate how the shovels are being used. If I was printing a sign for my shop I wouldn't worry about it because there would be no profit in the creation, and it would be covered by Fair Use. However, I do know that Kinko's, back in the '80s, got in trouble for trying to hide behind Fair Use because they were making a profit on the Professor Publishing packets they created (teachers would indicate ten pages from this book, five from this one, six over here, and then bound together) -- the courts ruled that because Kinko's made a profit on the copying Fair Use was not applicable, and they lost to the tune of $25 million.
While I doubt such astronomical repercussions, and doubt it would ever even be an issue, I am interested in reading the opinions/facts of the members of this forum -- I may be over-thinking this, but if the damages are minimal I may proceed and inform the client of the liability, with the option that he could send me the shovels to photograph, or he could take the pictures himself and send those to me.
Gary
PS. I may contact each mfg. and ask permission for the images, but that might take a month of Sundays in a business where people expect results yesterday.
It might be possible to argue Fair Use, because the images are being used to educate how the shovels are being used. If I was printing a sign for my shop I wouldn't worry about it because there would be no profit in the creation, and it would be covered by Fair Use. However, I do know that Kinko's, back in the '80s, got in trouble for trying to hide behind Fair Use because they were making a profit on the Professor Publishing packets they created (teachers would indicate ten pages from this book, five from this one, six over here, and then bound together) -- the courts ruled that because Kinko's made a profit on the copying Fair Use was not applicable, and they lost to the tune of $25 million.
While I doubt such astronomical repercussions, and doubt it would ever even be an issue, I am interested in reading the opinions/facts of the members of this forum -- I may be over-thinking this, but if the damages are minimal I may proceed and inform the client of the liability, with the option that he could send me the shovels to photograph, or he could take the pictures himself and send those to me.
Gary
PS. I may contact each mfg. and ask permission for the images, but that might take a month of Sundays in a business where people expect results yesterday.
