reproducing customer's artwork

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JeffreyPrice

JeffreyPrice

True Grumbler
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Jan 10, 2008
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Norwalk, CT
Copyright often confuses me. A customer brought in a 1914 map of our city and asked me to create a copy. What questions are raised if I create additional copies and frame them to sell in my store? Generally the owner of an artwork does not hold copyright to the work, and in this case the owner asked me to copy it. I'm not clear if I own the digital files and can reproduce them. Perhaps we have a shared interest, and if so, how does that work? Any ideas?
 
JeffreyPrice said:
Copyright often confuses me. A customer brought in a 1914 map of our city and asked me to create a copy. What questions are raised if I create additional copies and frame them to sell in my store? Generally the owner of an artwork does not hold copyright to the work, and in this case the owner asked me to copy it. I'm not clear if I own the digital files and can reproduce them. Perhaps we have a shared interest, and if so, how does that work? Any ideas?
Click to expand...

In the United States, anything produced before 1923 is in the public domain and may be reproduced freely. Legally, you're in the clear. Ethically, I'd at least ask for the customer's permission to make and sell reproductions.
 
Bear with me for a second, because I realize you scanned this image for him.

I learned about this info when I was doing genealogy research...as it works this same way with census records.

When it comes to digital files... it really depends... if HE did any manipulation of the image (say, cleaning it up or if he scanned it himself) then he OWNS that digital file. Because the original work is open season, doesn't mean THAT file is not copyrighted because it reflects his work. From that, if someone would use your file they're infringing upon you. You could prove it in court by doing an apples to apples comparison.

You don't have a right to reproduce HIS work, even though the original is available. So what if he's paid you to scan it and you use the same file? Technically, the one he's paid you to scan is his. Because you're the one scanned it does not transfer the rights of that digital file to yourself.

You have to find an "original" yourself in order to make your own copies.

Now, assuming that you have an original and you're making the copy...yes...you can distribute it.

But because its legal doesn't mean its ethical.

I would just tell him that you're interested in this image and ask him if he'd be willing to allow you to make your own copy of the file for distribution..and offer him a % of sale. But if he balks at the prospect and you really want to forge ahead, you could do so by finding your own original. (Be prepared to show him your original down the road.)
 
If you technically had copyright it's completely unethical. Even then it is a very gray area of the law.

I definitely wouldn't do it without the customer's consent.
 
You could sign up for this webinar and ask an attorney.

From PMA newsline:
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PMA offering photographer’s legal guide webinar

Posted by Tom Crawford on May 7, 2010 · Leave a Comment

PMA – the Worldwide Community of Imaging Associations, is offering the Photographer’s Legal Guide Webinar, Tuesday, May 18, 2010, with attorney Carolyn E. Wright, aka the “Photo Attorney.”

Wright will discuss legal and business issues affecting photographers, including copyrights, restrictions on photography, contracts, insurance, taxes, licenses, and more. Wright’s presentation is adapted from her book, “The Photographer’s Legal Guide,” and her blog at www.photoattorney.com. Time will be allotted for questions and answers.

A professional photographer herself, Wright previously practiced law with the Atlanta law firms of King & Spalding, one of the top 50 firms in the nation, and Neely & Player for more than 10 years.

The cost to participate in the webinar is $10 for PMA members and $19 for nonmembers. For more information and to register, visit the Photographer’s Legal Guide Webinar page.
 
In my opinion, you don't own the file and you aren't allowed to make copies even if it is "in the public domain". Just because you have the capability of copying and printing doesn't give you the right to help yourself to whatever comes thru your business. You are being hired to do the work.
It is the property of your customer, period. I disagree here with Jim P. Legally, you aren't in the clear just because the map is old. it is the property of the customer. The "in the public domain" thing would only apply here if you personally owned the map.
You have no rights to the image.
Doing anything other than what the customer hired you to do is at minimum, unethical and quite possibly illegal. I know I would definitely sue you if you did it to me!
The file in your computer is only there in case he wants another copy. In effect, you are storing it for him. I keep these files for one year and then erase them. The ones I keep long time are the ones for my artists who do repeat business with me.
Seriously, it's not worth the bad image and/or possible legal hassles it will create for your business if they find out you are using their property without their permission.
If you really like the map and they decline to give you permission, check out the Library of Congress. They have pretty much all maps and you can buy files of them allowing you to print to your hearts content.
 
As far as using the customers map, well you have to come to some sort of agreement with your customer since he owns the original. However a 1914 map wouldn't be to hard to find on Ebay. I might offer him a free reproduction and free framing in order to use the image for your own purposes.
 
Randy, you are wrong here in that it is owned by his customer. Do you actually copy your customers maps and make copies to sell?

If you find an old map and buy it, then you have the right to do what you want. If a customer brings you a map, the only thing you have the right to do is solely what the customer asks you to do. Nothing more.

In the same way of thinking, if a customer brings in a very old photo of one of their ancestors, you think it would be alright to make copies of it and sell them solely because it is old enough to be "in the public domain"?
How about if they had an original photo of Lincoln that had been in their family since it was taken and they wanted you to make copies for other members of the family. Would it be ok to make copies for yourself to sell? After all, it is a really old photo and surely would come under the "in the public domain" criteria.

I consider this to be theft, pure and simple. They own it and only they have the right to profit from it.
 
framah said:
Randy, you are wrong here in that it is owned by his customer. Do you actually copy your customers maps and make copies to sell?

If you find an old map and buy it, then you have the right to do what you want. If a customer brings you a map, the only thing you have the right to do is solely what the customer asks you to do. Nothing more.

In the same way of thinking, if a customer brings in a very old photo of one of their ancestors, you think it would be alright to make copies of it and sell them solely because it is old enough to be "in the public domain"?
How about if they had an original photo of Lincoln that had been in their family since it was taken and they wanted you to make copies for other members of the family. Would it be ok to make copies for yourself to sell? After all, it is a really old photo and surely would come under the "in the public domain" criteria.

I consider this to be theft, pure and simple. They own it and only they have the right to profit from it.
Click to expand...

Let me clarify. I do not reproduce customers work. I do buy and sell antique maps and there are a number of them I am going to reproduce.

If it belongs to the customer, then of course, permission and compensation is a MUST. As I suggested if the customer is not agreeable, finding a 1914 map wouldn't be that difficult.
 
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