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poasterchild In reply to ZoraBear [2013-01-06 22:43:11 +0000 UTC]

It is my understanding that this photograph is in the public domain. Even if it is not, my use of it in this manner and context are protected under the fair use exemption to the restrictions imposed by the copyright law.

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ZoraBear In reply to poasterchild [2013-01-06 23:38:14 +0000 UTC]

Fair use is granted certain rights. It doesn't grant you the author/creator of the orginal picture.


Public domain is that you can do anything to the photo/drawing without permission. It grants you unlimited rights. This is from the creature making it public domain or the creature has passed away and the protection law expired to protect (like food. It has expiray dates).

I think it would suit better in the public domain.

It's just a miss understanding.

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poasterchild In reply to ZoraBear [2013-01-07 00:08:20 +0000 UTC]

I appreciate your input, but I am well-versed in the copyright law as it pertains to what I do here. There is no "bright line" standard for determining fair use. Four factors are considered to determine whether the use of a photograph qualifies for fair use:

➣ The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit or educational purposes.
➣ The nature of the copyrighted work.
➣ The amount and substantiality of the copyrighted material that is used.
➣ The effect of the use upon the potential market for or value of the copyrighted work.

Obviously, my use is non-commercial. I refuse to sell any of my work -- it is all free. Moreover, my use does not in any way devalue the worth of the original.

Finally, if a photograph is more than 56 years old, unless the copyright has been extended, it falls into the public domain. Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the law. The courts have consistently held that satire and political/social commentaries using copyrighted material must be granted broad leeway. I believe I am on solid ground here.

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ZoraBear In reply to poasterchild [2013-01-07 00:41:35 +0000 UTC]

dude, i just stated it was a miss understanding and it falls under public domain.

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poasterchild In reply to ZoraBear [2013-01-07 01:23:30 +0000 UTC]

. . .and, since you raised the issue, I just wanted to let you know that I consider all of these issues before I post anything on here. Thanks again for your input.

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ZoraBear In reply to ZoraBear [2013-01-06 23:42:15 +0000 UTC]

why did i say creature? i meant creater.

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poasterchild In reply to Childe-Of-Fyre [2012-05-06 00:15:54 +0000 UTC]

Thank you. The slogan has been around for a long time. Good to pair it with this photo. People tend to look at photos of Marilyn.

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Childe-Of-Fyre In reply to poasterchild [2012-05-06 06:01:11 +0000 UTC]

That they do, though for me it was actually the slogan that drew my attention. Needless to say, we definitely agree on this subject. I honestly have started to feel like my entire country is just going crazy. It's unsettling to say the least. I really thought we were past this kind of nonsense by now.

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poasterchild In reply to Childe-Of-Fyre [2012-05-06 10:51:23 +0000 UTC]

It's never been enough for the right-wingers to simply accept the fact that in this country everyone has a right to think what they want. Like the hegemonistic (?) foreign policy they pursue, they are not happy unless everyone believes as they do.

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