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Kaushik   29 April 2019

Coloured version of original b/w image

Dear Experts, 

If I publish coloured versions, which I have coloured myself, of the B/W original images already published in another book by another author, in a book of mine, then would I be in violation of his copyright?

Thanks,

Kaushik.
 



Learning

 4 Replies

Shashi Dhara   30 April 2019

U have to take permission from original author if not u have to face legal consequences

Carolyn Denton (Law student)     23 May 2019

You need the permission of the author to use the photo, especially if you modify it. There's a small chance that the photo is free for educational use, for example. It should be stated in that book.

LIYANA SHAJI   29 July 2020

Hello,

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

A serious perk of copyright is that gives the creator of an original work complete control over its use and distribution. Photographs are protected under copyright law as artistic work under Section 2 (c) of Copyright Act 1957 in India. Photographs are protected under the law of Copyright as it has been included as an artistic work. 

Therefore, you need an authorization from the original author in order to use it for your own benefit.

But under the principle of fair use, use of photographs without prior consent of the photographer is permissible if the person using it does not have any malafide intention of attaining undue profits from it. Ex: Teaching/research purposes, legislative purposes, judicial proceedings.

Hope this answers your query.

Regards

Liyana Shaji

Suveera Patil   02 June 2022

Copyrights give creators of original works complete control over their use and distribution. Indian copyright law protects photographs as artistic works under Section 2 (c) of the Copyright Act 1957. As an artistic work, photographs are protected under the law of Copyright.  In order to use the material for your own benefit, you need authorization from the original author. A photo must be used with the author's permission, especially if it is modified. There's a small chance that the photo will be free to use for educational purposes, for example. In the book, it should be stated.


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