Photo montage copyright question?

Question

I'm looking to put together a photo montage using old photos I've found in markets and bought online. I have no idea whether copyright is an issue or if so, how to get around it as I cannot know who took these photos. I also will only be using a very small section of each (eg. An eye). Could anyone give me some advice?

Also, my whole art theme deals with things and people that have been forgotten, so I can't just go out and take my own photos; this is part of the symbolism.

Answer 1

If you bought the prints, and you want to turn them into a collage, I would think that first sale doctrine applies.



As long as you are not making copies, then copyright should not be an issue.







For example, If I bought two photographs, pasted them together, I could legally resell them as long as I wasn't reproducing or copying anything.

Answer 2

If the project is *only* for a student project, then you can use any photos all you want -- that falls under the "fair use" section of copyright law.



However, if your montage is going to be displayed in a gallery, or even in a public display at the school, then you shouldn't use photos that you can't identify as "public domain." Generally, really old photos are fine, as the copyright will have expired -- but anything recent from online is probably out.



Please respect the rights of the photographers who made these images, ok?

Answer 3

Because it's not a paid venue I think you could call this fair use. There are many occasions when copyrighted works are sung/performed in churches (weddings, for example). I believe you are on safe ground. If they were sending copies out afterward, I'd see a problem.

Answer 4

Be careful, this can really be a legal can of worms.



Scrutinize all your examples of market bought photos for copyrights.



This can help:

http://www.publicdomainsherpa.com/public-domain-photos.html

Answer 5

I'm not a lawyer, but I found this - perhaps you'll find it helpful: http://rightsportal.copyright.com.au/docs/CopyrightLaw.pdf