- Sep 14, 2011
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If I sit in my front yard a paint a picture of my neighbor's house, do I need permission from my neighbor to sell the painting? After all, I don't own his house.
If you took a picture of your neighbor's house you took the picture and own that image. You don't own the house, just the image. It't like taking a picture of the Statue of Liberty. You took the picture. You own that image. If you used a picture someone else took of the Statue of Liberty and used it for your own purpose, you don't own that image and stole it.
Anybody could take a photograph of the Statue of Liberty. If I happened to use one that YOU took (even if you could get your version copyrighted) as the template to do some graphic artwork, it is highly unlikely that you could successfully sue me for the "use" of "your" particular photograph.
That said, there IS still the copyright law itself and the fair use doctrine that makes the question a slightly open one. In short, it appears that AP may have some case, but I don't think they have much of a legitimate claim for damages.
I wouldn't be shocked to learn someday that Zimmerman and AP "settle" this dispute without disclosing the "terms" of the settlement. History does tend to repeat itself.
The Statue of Liberty?
![cuckoo :cuckoo: :cuckoo:](/styles/smilies/cuckoo.gif)