Probably. You might be able to squeeze it into fair use but seems an awkward stretch most of the time. Seems more likely it's just the first half of scanning and printing which is almost always an infringement.
You'd probably get away with it and if the original artist is a scumbag, lots of people here don't care if you steal his/her work (or in this case help someone else to it).
It's legal if done for the copyright owner. Much like "restoration" work could readily be infringements.
One "bookmark" I lost in a series of replaced computers over time was a case where the owner of the shop that copied was defending against a "sting" by claiming the agent coming in to get copies was an agent of the copyright owner so by asking for copies, he was asking for the owner.
I don't know how it turned out. Interesting problem - if the person requesting the copy is working for the "owner," is it an infringement, as the owner sent him out to get copies? OTOH, if the owner didn't give specific permission to the agent copying, then is the agent the one doing the illegal copying?
However, given that there are stings for under-age purchases of cigarettes, alcohol, etc., I'm sure there is a way to do it.
Craig Gillette wrote:
However, given that there are stings for under-age purchases of cigarettes, alcohol, etc., I'm sure there is a way to do it.
The difference is that there are legal ways to get a copyrighted image copied, there are no legal ways to buy alcohol or cigarette's when you are underage.
Is it illegal to Scan Copyrighted images and put them onto a CD for someone?
Yes, it's illegal if it's not being done for the copyright owner.
The difference is that there are legal ways to get a copyrighted image copied, there are no legal ways to buy alcohol or cigarette's when you are underage.
The Professional Photographers of America has "Recon" teams made up of local photographers that routinely run "sting" operations against retailers like Wal-Mart. When their stings are successful--when the retailer has provided illegal copies of the "stinger's" own work and the retailer gets a letter from PPA lawyers, they always settle out of court.
Courts have upheld sting operations for decades now, so defense lawyers will generally advise a settlement rather than try to face a judge with "a sting is not a 'real' violation" as the sole defense.
j.curtis wrote:
Is it illegal to Scan Copyrighted images and put them onto a CD for someone?
All photos are protected by copyright automatically, so your initial statement is a bit redundant. A better wording may be "Is it illeagal to scan another's images, and put them on a CD for someone else?
Copyright in essence means "copy protected", meaning that the creator has sole control of their works being copied or "reproduced". Unless the creator has legally signed away his ownership of the images, any copying is infringement.
Some exclusions apply such as if you are in the employ of someone else, the Fair Use Doctrine, etc.
There are also a couple of good videos on YouTube by attorney Ed Greenberg. Ed has just recently started a column in Photoshop User on copyright law for photographers. Just search in YouTube for "ed greenberg."
