28.05.2009

Scanning an image to produce a digitised version reproduces the image, and thus requires permission (unless the copyright has expired). You will also generally need permission to produce a new image by altering the digitised image, if an important part of the first image is recognisable in the new image.

 

You should also ensure that any changes you make do not result in the work being treated in a way that is prejudicial to the honour or reputation of the artist, or you may be liable for infringing their moral right of integrity.

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14.4.2010

A number of overseas decisions indicate that a photograph of a painting may be protected by copyright but, arguably, under Australian law, a photograph that is merely an exact reproduction of a painting, may not be sufficiently “original” to be protected by copyright in its own right.

 

This is a question, however, that has yet to be definitively answered under Australian law by an Australian court.

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1.6.2008

There is no rule in copyright law that permits reproduction of an image if a percentage of it is changed, or if a certain number of alterations are made. If you can put the two works side by side and identify important parts from the original that have been copied, it is likely that you need permission.

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1.6.2008

Clip art is available from software companies and websites. Before using any clip art, you should read the “Terms and Conditions” carefully, as the licences limit the ways in which the clip art may be used. If there is a statement that says the uses of the clip art are limited to private, non-commercial uses, then you should seek permission before incorporating clip art into anything you are creating for commercial purposes.

 

You should also note that a person cannot give you a valid licence to use clip art unless they own the rights, or have obtained the permission of the copyright owner. If you consider the copyright owner may not have granted permission for the image to be made available on the website, you should not use it.

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