Public domain picture of a Ferris wheel. |
Here are some things that you have to remember on how to use
public domain pictures correctly:
- No offense
meant. You should not use photos that show an identifiable person or
persons especially when the images create a negative image of the person.
However, if you really feel that you have to, you can ask for that
person’s permission. Otherwise, you can blur features out so they will not
be easily identifiable.
- Objection,
misleading. Never use possibly misleading images and misleading images
positioning. For example, you are not supposed to post an image of World
Health Organization next to a health supplement. It will send a misleading
message that it is approved or recommended by WHO. Even though you did not
directly state that, it might mislead people and you should avoid doing
that by all means.
- Find
Release. Even though there isn’t anything offensive in an image, as long
as there is an identifiable person in the public domain photo, then you
should first ask the permission of that person or the “model” before you
use the image. This is more of an act of courtesy which is called “model
release”. Always try to put yourself in the person or the model’s position
when using public domain pictures. This is so they will not be surprised
to be a part of your blog, your campaign, or even your product. The principles
of model release also apply to private properties. In this situation, it
is called “property release”. Property release is needed for private
homes, for building designs, for gadget designs, for private vehicles, and
more.
Remember, the model release and
the property release is only needed for commercial use. If you will just use
public domain pictures with identifiable persons or private properties in them,
that is classified as editorial use.
Copyright Infringement Cases
These are some examples of what
happens when you use non-public domain pictures in your blog without asking for
its owner’s permission:
·
Cards on the Table. Rogers VS Koons is a popular
image copyright infringement case. The photo was meant for use in greeting
cards when Jeff Koons used it defending that it is used as parody. Rogers won
as Koons could have used other public domain pictures instead.
·
Obama Care. Shephard Fairey modified a photo of
US President Barrack Obama and this poster was approved by the president’s
campaign. Mannie Garcia, the original photo’s owner sued Fairey and the case
ended in a private settlement to equally divide the profits for the image.
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