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Does editing a copyrighted photo without permission constitute copyright infringement, or are there specific circumstances under which it is allowed?
Copyright protection is automatic: As soon as a photographer takes a photo and fixes it in a tangible form, they automatically own the copyright to that photo.
Copyright infringement occurs when someone uses a copyrighted photo without permission: If you use a copyrighted photo without obtaining permission from the copyright owner, you could be liable for copyright infringement.
Editing a copyrighted photo does not eliminate the need for permission: Simply editing a copyrighted photo does not eliminate the need to obtain permission from the copyright owner.
Edited photos may be considered derivative works: If you edit a copyrighted photo without permission, the edited photo could potentially be considered a derivative work, which is also protected under copyright law.
Fair use is a potential exception to copyright infringement: The fair use doctrine allows limited use of copyrighted material without permission from the copyright owner in certain circumstances.
Four factors determine fair use: The determination of whether a particular use of a copyrighted photo constitutes fair use depends on a case-by-case analysis of four factors set forth in the copyright statute.
Photos can enter the public domain: Photographs can enter the public domain, where they are not protected by copyright law.
Copyright protection exists for 70 years after the death of the creator: For photographs taken after 1988, copyright protection exists for 70 years after the death of the creator.
Federal government photos are in the public domain: All photographs belonging to the federal government are in the public domain and are not protected by copyright law.
Copyright owners have exclusive rights: Copyright owners have the exclusive right to reproduce, distribute, and display the photo.
Copyright protection exists from the moment of fixation: Copyright protection exists from the moment an original work is fixed in a tangible medium.
Watermarking images can help protect against copyright infringement: Watermarking images can help protect against copyright infringement by making it more difficult for others to use the image without permission.
Metadata can help identify the copyright owner: Metadata embedded in digital images can help identify the copyright owner and provide information about the photo.
Transformative use can be a form of fair use: Transformative use, which involves altering a copyrighted work in a way that adds new expression, meaning, or message, can be a form of fair use.
Parodies can be a form of fair use: Parodies, which use copyrighted material in a way that criticizes or comments on the original work, can be a form of fair use.
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