[Clipart] Check these images? Is this legal?

[Glen Turner]

Jon Phillips wrote:
> I have just submitted some images for the month's black history theme. I 
> basically took very public images from google image search and 
> vectorized them. I wanted to see A.) how they look and B.) if this is 
> legal for me to do and them put them into the copyright.
> 
> I only put up 5 for now, and if you all think that it is pushing 
> copyright law, then let them be stricken.

I had a quick look and they seem to be automated transformations of
photographs.  So they are derived works of the photographs, so the
copyright holder holds rights over the dervied works too.

> An artist is able to take a work and alter it, or frame a piece of it 
> and then duplicate that work as long as the original is abstracted.

That's not what the law says.  In the case of abstract art you've
got an image that whilst recognisable as another person's work
is not a reproduction or a derived work (because of the artistry
and effort in creating the abstract work).

> If these are in violation of copyright, then I think I will have to find 
> a method that is more abstractionistic. Maybe clip out the backgrounds, 
> and then trace the figures...ugh...that would take a lot of time.

What you need to do is to create your own work, rather than make
a simple transformation of other people's.

Perhaps you could ring the MLK Historic Site in Atlanta, explain
what you are doing, and ask if they have suitable images. For
example, they may have been gifted photographs which they can
make available to you.

You might want to find the US equivalent to the following
   http://www.copyright.org.au/page3.htm
especially information sheets G33, G86, G79, G75, G35.

Best of luck,
Glen

-- 
  Glen Turner         Tel: (08) 8303 3936 or +61 8 8303 3936
  Australia's Academic & Research Network  www.aarnet.edu.au