Shutterstock Photographer Forum :: View topic - Is it permitted to create clip art based on other photos?

redcloud · Joined: 10 Jan 2008 Posts: 95

I wanted to know, (I'm sort of half expecting the answer but I thought I'd make sure)...Can you create vector clip art based on a photo somebody else has taken?

bluecherrygfx · Joined: 28 Mar 2008 Posts: 442 Location: Arkansas

Submissions cannot contain copyrighted material and creative works are copyrighted at the moment of creation, so someone else's photo is their copyrighted work. So no, you cannot do that unless the source material is your own photo.

I'm not sure of the official position on it, but that would be my guess. :-)

ktgraphics · Joined: 16 Jan 2008 Posts: 186 Location: Ont, Canada

Like BC says its a no no.
Besides some one just got punished for using elements from some one else's photo. As I recall it was a pic of a wolf. Some one had made a vector out of it and placed a butterfly on its nose and the rest is history.

redcloud · Joined: 10 Jan 2008 Posts: 95

I knew that would be the answer, but I thought I'd double check. Thanks.

rformidable · Joined: 12 Jun 2008 Posts: 418 Location: object land

what if you have permission to use the photo, and say you have permission to use a person in that photo, but it's impossible for you to get a model release?

bluecherrygfx · Joined: 28 Mar 2008 Posts: 442 Location: Arkansas

There is transfer of copyright ownership, but whether they'd let you use that image as a source photo (if rights were transferred to you), I don't know.

As far as an identifiable person, I seriously doubt they'd allow that without legal documentation in the form of a model release.

Again, though, just speculation; I'd ask support. ;-)

rformidable · Joined: 12 Jun 2008 Posts: 418 Location: object land

well, say it's my grandmother and she's really old and senile, but she doesn't mind if i take her and use her as a model for a vector?
(not that she understands what a vector, much less an illustration is)

now, she's abroad, doesn't have internets and wouldn't understand what a model release is either...
but she likes seeing herself in pictures...

as far as pics...
i've got a bunch that were taken and sent to me by somebody else a while back who told me that whenever i want to vector them i can....
there was no real legitimate, legal transfer of anything, just an email that says....'here vector these when you have time'

problem is, i can't get a hold of this person anymore...

dapoopta · Posted: Thu Jul 10, 2008 11:40 am

What type of elements can you use in illustrator? Like they have pen tools, patterns, etc. Can you use any of these without issue?

rformidable · Joined: 12 Jun 2008 Posts: 418 Location: object land

are you asking about ownership, royalty things?

if so, you can use the default patterns, brushes etc. that come with illus, or you can create own custom things...

i think, if you use custom brushes or patterns or whatever, that you downloaded from someplace, you have to have permission to use them..