[General] Will this be an image infringement?

[Silverobama]

Today I walked by a shop. The shop is providing service of getting rid of moles in the faces. (I know it would be a very weird thing for you but please trust me, this is a language question and it's absolutely true.)

I noticed that they use a female star's photo to advertise. What they do is put all the names of the moles in the star's face. It is commonly believed that moles are related to one's luck, wealth and relationship.

I want to send an email to the female star (I found her email of her agent online) and I want to ask this question "Will this be an image infringement?". Also, I want to ask a lawyer the same question. Is my question natural?

 

[GoesStation]

No. You can't infringe an image.

 

[emsr2d2]

Today I walked by a [STRIKE]shop[/STRIKE] clinic [STRIKE] The shop is providing service of getting rid[/STRIKE] that specialises in the removal of facial moles. [STRIKE]on the face.[/STRIKE]

(I know [STRIKE]it would be a[/STRIKE] this probably sounds very weird [STRIKE]thing[/STRIKE] [STRIKE]for[/STRIKE] to you but please trust me, this is a language question and it's absolutely true.)

I noticed that they use a female film/TV/pop star's photo [STRIKE]to[/STRIKE] in their advertising poster. [STRIKE]What[/STRIKE] They [STRIKE]do is[/STRIKE] put all the names of the moles [STRIKE]in[/STRIKE] on [STRIKE]the star's[/STRIKE] her face. Here, it is commonly believed that moles are related to one's luck, wealth and relationships.

I want to send an email to [STRIKE]the female star[/STRIKE] her (I found [STRIKE]her[/STRIKE] the email address of her agent online) and I want to ask this question:

"[STRIKE]Will[/STRIKE] Is this [STRIKE]be an[/STRIKE] image copyright infringement?" no full stop here

[STRIKE]Also,[/STRIKE] I want to ask a lawyer the same question. Is my question natural?

Please note my corrections above. Your first two paragraphs were very wordy. They could have been reduced to the following:

Earlier today, I noticed that a local facial mole removal clinic is using a female film/TV/pop star's image in their advertising poster.

There are two issues here. The company needs to have obtained both the permission of the photographer and the celebrity in order to use the image. Buying an image covers the copyright issue but the legal area covering the use of her face in their advertising is a separate legal issue.

Note that we have moles on our face (or any other part of our body), not in our face.

 

[probus]

No. You can't infringe an image.

This page disagrees, at least with respect to American law.

https://thelawtog.com/copyright-laws-for-photographers/

 

[Silverobama]

Earlier today, I noticed that a local facial mole removal clinic is using a female film/TV/pop star's image in their advertising poster.

I'll write this sentence down in my notebook. Much appreciated!

"Is this image copyright infringement?"

Can I include this question in my email to the agent of that star?

 

[GoesStation]

This page disagrees, at least with respect to American law.

https://thelawtog.com/copyright-laws-for-photographers/

Where does it say that you can, linguistically speaking, infringe an image? You can infringe the copyright on one, but I can't imagine what an image "infringement" would be.

 

[Charlie Bernstein]

Where does it say that you can, linguistically speaking, infringe an image? You can infringe the copyright on one, but I can't imagine what an image "infringement" would be.

Exactly. I didn't even understand what Silver was trying to say. Now I do. Silver, copyrights get infringed, images don't.

 

[emsr2d2]

Using a picture without the photographer's permission is straight copyright infringement. The use of any image of a person who has in some way trademarked (or otherwise protected) their image is a different offence.

 

[GoesStation]

Using a picture without the photographer's permission is straight copyright infringement. The use of any image of a person who has in some way trademarked (or otherwise protected) their image is a different offence.

This is, however, a matter of local law.

 

[emsr2d2]

This is, however, a matter of local law.

That might be the case in the US. We don't have local laws in the UK. (Well, local councils have byelaws, but in general, laws are national.)

 

[jutfrank]

I think GoesStation meant 'local' in the sense pertaining to whatever jurisdiction you're in, whether that's at national level, or subnational level, or whatever. I'd be amazed if in China the copyright law doesn't apply nationwide. I don't think there are international copyright laws.

 

[GoesStation]

That might be the case in the US. We don't have local laws in the UK. (Well, local councils have byelaws, but in general, laws are national.)

I meant "law in your location".

Here in the States, we have multiple levels of laws and ordinances. I'm subject to the laws or ordinances of the United States, the state of Ohio, Greene County, and Xenia Township. When I lived in the village, I had to abide by village ordinances and those of the township it resides in. I also pay taxes to an exempted village school district. Only federal (i.e., United States) law applies with respect to copyright.