Copyright laws

sjh101

Hi, I'm wondering whether I'm breaking any copyright laws if I use filters from photo apps and adding them to my own photos to sell on? I want to sell them as NFTs. None fungible tokens. 

I've emailed the relevant companies/apps but nobody has responded. 

Thanks 

jon81uk

What do the terms of use for the app say?

MarvinDay

If it's your own photographs that you are selling then I can't see that the owners of the app could have any claim for breach of copyright as the copyright belongs to you.
Depending on the T&C's of the app, you may be breaking these by using the app and then selling the pic's but I would be surprised if that's the case.

What is the name of the app in question?

jon81uk

MarvinDay said:

If it's your own photographs that you are selling then I can't see that the owners of the app could have any claim for breach of copyright as the copyright belongs to you.
Depending on the T&C's of the app, you may be breaking these by using the app and then selling the pic's but I would be surprised if that's the case.

What is the name of the app in question?

But even if you own the copyright to the photo, you may not have copyright to the artwork overlaid in the filters. For example if a filter added Mickey Mouse onto your image then I expect Disney would still have copyright on Mickey Mouse even if it is overlaid on your photo.

So it depends on the app and the terms, but it is likely that you can't just use the filters for your own commercial gain.

MarvinDay

I must be getting old.
When the use of "filters" was mentioned, I assumed that it was something akin to the filters used in photography that simply alter things like the colour, brightness, soft focus etc.

Sandtree

MarvinDay said:

I must be getting old.
When the use of "filters" was mentioned, I assumed that it was something akin to the filters used in photography that simply alter things like the colour, brightness, soft focus etc.

Some do, others can add graphics or make other fairly specific alterations 

If it is just a sepia tone filter or something then you are almost certainly in the clear... if you are adding graphics, frames etc then you are much more likely to be on weaker grounds. You can also have the issue that their T&Cs say its fine but they havent gotten the proper permissions from Disney (to continue the example) and so you could still get into problems.

MattMattMattUK

jon81uk said:

MarvinDay said:

If it's your own photographs that you are selling then I can't see that the owners of the app could have any claim for breach of copyright as the copyright belongs to you.
Depending on the T&C's of the app, you may be breaking these by using the app and then selling the pic's but I would be surprised if that's the case.

What is the name of the app in question?

But even if you own the copyright to the photo, you may not have copyright to the artwork overlaid in the filters. For example if a filter added Mickey Mouse onto your image then I expect Disney would still have copyright on Mickey Mouse even if it is overlaid on your photo.

So it depends on the app and the terms, but it is likely that you can't just use the filters for your own commercial gain.

If it adds Micky Mouse, would that not be a template or frame, rather than a filter?

jon81uk

MattMattMattUK said:

jon81uk said:

MarvinDay said:

If it's your own photographs that you are selling then I can't see that the owners of the app could have any claim for breach of copyright as the copyright belongs to you.
Depending on the T&C's of the app, you may be breaking these by using the app and then selling the pic's but I would be surprised if that's the case.

What is the name of the app in question?

But even if you own the copyright to the photo, you may not have copyright to the artwork overlaid in the filters. For example if a filter added Mickey Mouse onto your image then I expect Disney would still have copyright on Mickey Mouse even if it is overlaid on your photo.

So it depends on the app and the terms, but it is likely that you can't just use the filters for your own commercial gain.

If it adds Micky Mouse, would that not be a template or frame, rather than a filter?

Depends on the app, many people call the lens on Snapchat that adjusts appearance or adds things a filter. Not sure if there is one that overlays Mickey like that but there are lens from various brands etc. Similarly the effects on Instagram camera some people refer to as filters.

MattMattMattUK

jon81uk said:

MattMattMattUK said:

jon81uk said:

MarvinDay said:

If it's your own photographs that you are selling then I can't see that the owners of the app could have any claim for breach of copyright as the copyright belongs to you.
Depending on the T&C's of the app, you may be breaking these by using the app and then selling the pic's but I would be surprised if that's the case.

What is the name of the app in question?

But even if you own the copyright to the photo, you may not have copyright to the artwork overlaid in the filters. For example if a filter added Mickey Mouse onto your image then I expect Disney would still have copyright on Mickey Mouse even if it is overlaid on your photo.

So it depends on the app and the terms, but it is likely that you can't just use the filters for your own commercial gain.

If it adds Micky Mouse, would that not be a template or frame, rather than a filter?

Depends on the app, many people call the lens on Snapchat that adjusts appearance or adds things a filter. Not sure if there is one that overlays Mickey like that but there are lens from various brands etc. Similarly the effects on Instagram camera some people refer to as filters.

Fair enough, I guess that is where inconsistent terminology, especially amongst the general public, causes issues with clarity. I also cannot see this being successful with trying to jump on the NFT bandwagon, but that is a separate issue.