Definition of the "minor role" and "major role" of the file for an item ?

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mike118
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Definition of the "minor role" and "major role" of the file for an item ?

Post by mike118 » Thu Aug 08, 2019 12:04 am

Distinction Between a "Minor Role" and "Major Role" and Notebook Book Covers for paperback published book ?

I want to know is it OK to use an slandered license image for an notebook paperback book cover ?

Deposit Photos is now telling I can't because the cover is the main reason the person buys the notebook not because of the lined pages inside I think this is insane myself ! Below is what is on there website.

The role a File plays in an item is determined by the value the File adds to the item and how much the File influences a customer’s decision to choose this particular item among similar items.

A minor role: A File is considered to play a minor role in an item if the File is an incidental part of the item, does not add significant value to the item and does not influence a customer’s preference for this item.


A major role: A File is considered to play a major role in an item if the File is a primary, defining, or important part of the item, increases the intrinsic value of the item, or influences a customer’s preference for this particular item.

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AndyJ
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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by AndyJ » Thu Aug 08, 2019 9:16 am

Hi mike,
I hope I have understood your question correctly. You would like to use an image from a stock agency on the cover of a notepad or note book, but the photo agency is claiming that would require permission unless the inclusion of the image on the cover was merely incidental.

Copyright will exist for any image ('an artistic work') provided that the image is original. The threshold for originality is fairly low, and in most cases, really it just means that the image has not iteslf copied a substantial part of another artistic work. So for instance if the image was a contemporary photograph of some flowers in a vase, then copyright in that image would belong to the photographer and permission would be needed to copy it unless one of the special exceptions applied (see below). However if you wished to use a copy of, say, Vincent van Gogh's Sunflowers Image
then since that work is no longer protected by copyright (because the artist died more than 70 years ago), no permission would be necessary.

The explanation which Deposit Photos gave about the types of usage is less than helpful. The exceptions to normal copyright law which I mentioned earlier cover a narrow band of uses which usually do not need permission from the copyright owner. They include quotation of a small part of a work, for the purpose of review or criticism, or news reporting; copying for the purposes of private study or research; and lastly if the inclusion of a copyright protected work in a larger scene is not intentional and is not the main purpose of the copying, this is referred to as incidental. However if the purpose of the copying is commercial, then the exception for copying for private study/research would not apply. And also in a commercial context, more attention would need to be paid to any copyright work which was included incidentally, and if necessary the work should be removed at the editorial stage before publication.

None of these exceptions would apply if you want to use a copyright work on the cover of a notepad or note book which you wished to sell, which is what I think you are saying you would like to do. You would need to obtain a licence from the stock agency or photographer which is appropriate for your intended usage.

I hope the answers your question.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

mike118
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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by mike118 » Thu Aug 08, 2019 10:14 am

Hi Andy

Thanks for helping me out here the info below should help explain a little more.

https://depositphotos.com/license-comparison.html

Section On Left side down about half page ...... Notebook or diary for resale or distribution states - Allowed (only if file plays minor role)

Allowed (only if file plays minor role) .....this what I don't understand Andy ?

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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by AndyJ » Thu Aug 08, 2019 12:26 pm

Hi again, mike,

Thanks for the clarification. What Deposit are talking about are licence terms. A copyright owner can set any limitations on how his/her work is used by others, and Deposit seems to have this rather complicated scheme for how its standard and extended licences can operate. That is a completely different matter to the exceptions I mentioned before, so sorry if I confused you.

I really can't do any better than their description, which you quoted earlier, of what a minor role is. To take the example of van Gogh's Sunflowers* image I used before, if that formed the entire illustration on the front of your notebook then that clearly wouldn't be a minor use, and it may well be a major reason why someone might buy your notebook rather than one with a plain cover, assuming they liked sunflowers. If Deposit were offering Sunflowers, then this use would require the Extended licence, which I assume is more expensive than the Standard one. However, say your cover featured an artist's studio, with some half completed and some finished paintings scattered around, and one of those paintings, just recognisible in the far corner, was the sunflowers, than might well meet Deposit's criterion of 'minor', and so the Standard licence would apply. Ultimately you would need to ask them if you have any doubts about which kind of use might be involved for your particular project. Maybe send them a mockup of your proposed artwork. Generally speaking agencies like Deposit are in the business of selling licences, and so I'm sure that if you negotiate with them you should be able to come up with a price which suits both of you.

I assume that you are after one particular image and that nothing else quite meets your requirements. This makes it trickier because obviously you can't take your custom elsewhere if Deposit aren't willing to give you a favourable deal.


*As I mentioned, van Gogh's paintings are now all in the public domain, so my examples wouldn't actually need any licence in the real world.
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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by mike118 » Thu Aug 08, 2019 12:34 pm

Thank you so much for your help I really appreciate it :-)

Now where can I find these Van Gogh's Paintings Images do you have a link you could share please ?

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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by AndyJ » Thu Aug 08, 2019 1:56 pm

The image I linked to earlier was from Wikimedia Commons, but I'm sure there are other sources of good quality images of van Gogh's works.
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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by mike118 » Sat Aug 10, 2019 10:09 pm

Hi Andy thank you for the link !

Hey I have a new question lets say someone purchased an image under the standard license but somehow used that image that would only be allowed if you had the extended license because they was confused is that still copyright infringement ? if so what could happen ?

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Re: Definition of the "minor role" and "major role" of the file for an item ?

Post by AndyJ » Sat Aug 10, 2019 11:55 pm

Hi mike,

As the picture agencies tend to monitor how their images are used, I suspect they would notice the unauthorised use quite quickly and ask for an additional payment to upgrade the licence. If the licensee failed to pay up, they could be liable an action through the courts for breach of contract, or copyright infringement, since the unauthorised use would invalidate the copyright licence. Sadly, 'being confused' is not a defence!
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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