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Is "Borrowing" an image faux pas?

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mwa

Programmer
Jul 12, 2002
507
US
How much of a faux pas is it to "borrow" a background image from another web site? I found something that I like, and with a few minor color modifications, would work well on my site. The image is not a Trademark or Copyrighted logo or anything like that. But it is rather distinct. Thoughts?

mwa
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Just because there isn't a logo or copyright notice on the image doesn't mean it's in the public domain. You really should get permission before using it.
 
From the Technical Advisory Service for Images (TASI):

TASI said:
FAQ 9: What if I take an existing image and alter it so much that it is barely recognisable: do I still need to get permission?

Copyright will be infringed where a "substantial" part of the work is reproduced in a material form. "Substantial" is not defined in the Copyright Act, but case law and best practice interpretation suggests it relates to the both the quality and quantity of the amount copied. It is likely to take into account similarities between the two works. Where the work you create can be recognisably derived from another image, it would be sensible to get permission. In addition to infringing copyright, altering someone else's work might constitute an infringement of the creator's moral rights, specifically the right of a creator not to have their work subjected to derogatory treatment.



-------------------------------------------------------

Mark,
[URL unfurl="true"]http://aspnetlibrary.com[/url]
[URL unfurl="true"]http://mdssolutions.co.uk[/url] - Delivering professional ASP.NET solutions
[URL unfurl="true"]http://weblogs.asp.net/marksmith[/url]
 
A simple email, and I was able to obtain permission from the Site's owner. Thanks for the advice.

mwa
<><
 
One of the marvelous things of the Internet is the constant evolution of all the contents. As a designer, I should be pist off if someone just take my work and uses it without permission and no further work but I'm really please when someone take my job as an inspiration and developes it's own stuff, it allows me to learn and to see the things trough different prospects.
But not everyone thinks the way I do...
 
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