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Archive 2014 · Issue With Canvas on Demand

  
 
SSISteve
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p.1 #1 · p.1 #1 · Issue With Canvas on Demand


I take a lot of concert photos and I uploaded an image of Gene Simmons and one of Alice Cooper to Canvas on Demand. I received the email below and is what the say true?

Thank you for your email! I am very sorry for the confusion! While the images you took do belong to you and thus you retain the copyright, the likenesses of the celebrities in the photographs are also copyrighted, and because of this we are unable to reproduce the images without express written permission from the copyright holder. Again, I am very sorry for the inconvenience!



Dec 26, 2014 at 07:22 PM
kdphotography
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p.1 #2 · p.1 #2 · Issue With Canvas on Demand


That doesn't sound right. Assuming limited facts as stated, if the images were rightfully taken by you, you can print them for your own use.

If you are trying to reproduce them and sell them or use them commercially---is where you get into privacy rights and usage issues.

ken



Dec 26, 2014 at 09:29 PM
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p.1 #3 · p.1 #3 · Issue With Canvas on Demand


They are my images and I have no plans to sell them. They will just hang on my wall.


Dec 26, 2014 at 10:34 PM
Peter Le
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p.1 #4 · p.1 #4 · Issue With Canvas on Demand


Yes you have the right to have them printed and hang them on your wall. But Canvas On Demand also has the right to set a policy to what they will print. If they feel uncomfortable printing them not really knowing how you will use them they have every right to refuse printing them. If you were to use them in any illegal way and were taken to court.... the printer would be subpoenaed also. They apparently do not want to take that chance.


Dec 26, 2014 at 11:13 PM
DigMeTX
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p.1 #5 · p.1 #5 · Issue With Canvas on Demand


I understand why they have this policy. I'd just try some other places. I can vouch for excellent canvas quality at Bay Photo and Simply Canvas/Simply Color.

I don't know if they have the same policies.

brad



Jan 08, 2015 at 05:09 PM
thebmrust
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p.1 #6 · p.1 #6 · Issue With Canvas on Demand


If you are a photographer for a venue or artist, then you have some rights based on access and the client. If you are a concert goer, buying a general ticket and these are images of a concert, then there is another set of variables, and you have significant'y fewer rights to use the images "or likeness" of the subject(s). Being in a concert venue, you lose a lot of rights, because of the venue ownership, and the talent contracts with the venue.

It appears that Canvas On Demand is in their right to refuse service unless you can show them you have rights to the images in a private venue.

Honestly, in copyright law, it doesn't make ANY difference if you are keeping it for yourself or selling for no profit or large profit. In copyright, unless you have permission, theft is theft.



Feb 14, 2015 at 04:11 PM
kdphotography
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p.1 #7 · p.1 #7 · Issue With Canvas on Demand


The issue of "copyright" does not necessarily invoke the issues of commercial use, licensing, use of another's likeness for profit, or privacy concerns. None of these "issues" appear to be applicable here. There is no copyright issue here that I see----except a lot of misunderstandings of the law.

I'd print them.

ken

www.carmelfineartprinting.com



Feb 14, 2015 at 04:26 PM
markd61
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p.1 #8 · p.1 #8 · Issue With Canvas on Demand


I would try another lab.
I would also not rely on legal advice from an online forum.



Feb 15, 2015 at 11:25 PM
thebmrust
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p.1 #9 · p.1 #9 · Issue With Canvas on Demand


Want to know the legal answer? Go here:
http://www.photoattorney.com/



Feb 16, 2015 at 06:49 PM
Game Changer
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p.1 #10 · p.1 #10 · Issue With Canvas on Demand


Costco will do canvas at a reasonable price and in my experience very good quality. I doubt Costco would care about potential infringement issues.


Feb 17, 2015 at 12:02 PM
thebmrust
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p.1 #11 · p.1 #11 · Issue With Canvas on Demand


Found this blog post about Right of Publicity and Gene Simmons.

http://rightofpublicity.com/tag/gene-simmons



Feb 17, 2015 at 04:01 PM
thebmrust
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p.1 #12 · p.1 #12 · Issue With Canvas on Demand


It is also very possible that Gene Simmons has a broad protection on himself. Maybe moreso than other celebrities. He's not one to shy away from protecting and licensing any of the KISS products. I would mane the broad assumption that he has protected his own likeness as well.

That being said, perhaps CoD has been the target of Mr. Simmons cease and desist letters so they are a bit gun shy.



Feb 17, 2015 at 04:04 PM





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