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BrierS Jan 22, 2005 7:06 PM

I have found a photo of a window that I would like to use on a brochure. As of yet I have been unable to find who owns it. Does that mean I cannot use it? If it makes any difference, this is not a brochure I am being paid to make.

Comments/opinions please


eric s Jan 22, 2005 9:38 PM

Technically, no. You can't use it. Your lawyers (if you have one) would say not to touch it. The same issues happens in the music industry. I heard an interview of someone who made a christmas album of songs he remembered from his youth (30+ years ago.) He had to track down both who wrote it and who published it. And he said that if he couldn't find them, the song wasn't used.

The reality is that you take a very big risk. Yes, you tried. But did you hire a detective? Did you do everything you could? Then maybe the fine would be less because you really tried to find them. But it doesn't matter if you didn't make any money. Is someone else going to? What about the reputation of who/what is in the picture? For example, if it's a plane then the maker of the plane could take issue.

Personally, I would say "don't do it." But I like my house... I wouldn't want to have to sell it to pay the fines.


BrierS Jan 22, 2005 10:04 PM

Thanks Eric. Since posting, I have found the name of the artist, Clara Ueland. Armed with that, I also have a couple of leads. As you so correctly stated, w/o permission it should not be used. Additionally, I do believe all artists/photographers are due their compensation for the work that often holds us captive . . .

Eric, thanks again for taking the time to nudge me in the only direction I could have gone.


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