Using a picture which had been modified beyond recognition. Is that copyright infringement? [duplicate]

Question

Say I take this pic:

and turn it into this (plus adding title and name of author):

And then use it as a cover for a book at Amazon.

Is that copyright infringement?

Answer 1

UK copyright law:

Yes, it is infringement. You are creating a derivative work. This treatment needs the permission of the copyright holder.

Answer 2

German copyright laws, as well as most copyright-related laws worldwide, also thinks this is a copyright infringement as you are basing your work on the creative work of another party that owns all (copy)rights related to the original work.

In fact, in most western countries you will be civil prosecution and damage claims will merely be the tip of the iceberg you're hitting with such a harmless-looking "modification". Besides that, chances are that it won't let your criminal records look as clean as before after "they" are done with you.

Therefore, a well-meant tip: do not even think about doing it!

For further research on the issue, you might want to start reading about international copyright laws and treaties.

A few usable starting points are:

• http://en.wikipedia.org/wiki/Copyright
• http://en.wikipedia.org/wiki/International_copyright_agreements
• https://en.wikipedia.org/wiki/International_Copyright_Act_of_1891
• http://en.wikipedia.org/wiki/Copyright_law_of_the_European_Union

And if you're no wikipedia fan, you can check what the more "serious" websites say:

• http://depts.washington.edu/uwcopy/Copyright_Law/International_Copyright_Law/
• http://ec.europa.eu/internal_market/copyright/index_en.htm
• http://www.rightsdirect.com/content/rd/en/toolbar/copyright_education/International_Copyright_Basics.html

Those should get you going. After reading all that, you'll know why I stated you shouldn't even think about such a copyright infringement… that is, unless you get a written permission issued and signed by the copyright-holding party.

Answer 3

Yes this is copyright infringement. Furthermore Amazon will remove your title from sale if they ever find out that you do not have permission to sell it and if the the artist contacts Amazon in regards to the infringement Amazon will prevent you from ever selling your title again or any other content.

Depending on which region of the world you could also face royalty fees associated with using this image without the proper rights. In America this is known as "damages".

Now the likelihood of the artist finding out may be minimal but as an artist in the field would you like it if someone ripped off your work? Do the right thing and either contact the seller or spend the few dollars for it since you already found it on iStockphoto.

As Scott put it best here.

If you click on the tag you will also see copyright questions and answers:

1. Is vectorizing an image copyright theft if the image is not CC/Public domain?
2. Is it OK to include a stylized reproduction of a copyrighted painting in a design?
3. Under the U.S.'s Copyright Law, is it an act of copyright infringement if we changed the color of another artist's image to black and white?
4. Under the U.S.'s Copyright Law, is it an act of copyright infringement if we changed the color of another artist's image to black and white?