Morphing breaks copyright?

‘Morph’ photography has become more and more popular in SL, and although I personally find them hideous and creepy as hell, everyone has their personal taste and who am I to question that?  People morph images/blend images all the time, nothing wrong with that, using various backdrops, models and finishing touches to produce a new piece of art.

There is a problem though, the majority of SL morphs seem to take copyrighted images from deviant art, or celebrity images from the web, slap a SL avatar face on it and then sell it.  What a lot of residents don’t seem to realise is, is that these images belong to the artists (in the case of deviant art) or the photographer.  For example:  If I took a picture of Halle Berry, that image would belong to me, and if you wanted to use it, you would have to pay me, the image does not belong to Halle Berry and it is not free for anyone to use.  Copyright does not need to be applied for, although it does help, it is automatic.  All images on the internet should be considered copyrighted unless stated otherwise, by taking an image from the web without finding out if you are allowed to or not is your responsibility, if you use these images you are at risk of a DCMA.

A Touch of Glamour is a photography studio with many photographers on staff that specialises in morph photography, they charge $2,000L per morphed image.  I spoke to a Customer Service rep about their morphs.

[5:25]  Darkley Aeon: so are you the person to talk to JimBeam
[5:25]  Darkley Aeon: ?
[5:25]  Jimbeam Miami: Yes ㋡
[5:25]  Gaga Zane: brb
[5:25]  Darkley Aeon: so how does te copyright on the morphs work?
[5:25]  Jimbeam Miami: Kk gaga
[5:26]  Jimbeam Miami: Their mostly pictures of Celebrities
[5:26]  Jimbeam Miami: so their alright
[5:26]  Darkley Aeon: yes, i see
[5:26]  Darkley Aeon: so its their ?
[5:27]  Jimbeam Miami: yea
[5:27]  Darkley Aeon: i dont understand
[5:28]  Jimbeam Miami: Yeah well they are online
[5:28]  Jimbeam Miami: and they are of celebrities
[5:28]  Jimbeam Miami: anyone can use them
[5:28]  Lara Ubert: darkley u can walk around at the gallery and see some
[5:28]  Lara Ubert: Yes.
[5:28]  Lara Ubert: we haven´t had a poblem or anything
[5:28]  Darkley Aeon: i have, i looked earlier and saw some of flickr, i was just curios to find out if you got permission before their use
[5:29]  Jimbeam Miami: Were they of celebrities?
[5:29]  Darkley Aeon: yes
[5:29]  Jimbeam Miami: Then they are fine
[5:29]  Darkley Aeon: why do you think that?
[5:29]  Lara Ubert: they r fine don´t worry
[5:29]  Darkley Aeon: the copyright stays with the photographer, they license their images out for $1000′s USD
[5:30]  Jimbeam Miami: Because they are.. paparazzi are able to take and sell pictures of celebritire right?
[5:30]  Darkley Aeon: they made them
[5:30]  Darkley Aeon: you can take a picture, the copyright belongs to you
[5:30]  Darkley Aeon: but if you use someone elses pictures, you are breaking copyright
[5:31]  Jimbeam Miami: they are fine
[5:31]  Jimbeam Miami: its just the body thats being used
[5:31]  Darkley Aeon: thank you for you time, I just wanted to find out from A Touch of Glamour first
[5:31]  Darkley Aeon: :)

They are not the only ones, not by a long shot but they are prolific.  I went to at least 5 other morph photography studios in SL, but A Touch of Glamour is by far the largest.  I am posting the following images from A Touch of Glamours’ flickr photostream, it comes under ‘fair use’ which means you can reproduce works without permission for reporting, education and parody purposes.

tyra morph

and the original

tyra original

Was permission asked for or given for above picture? I have no idea, but I seriously doubt it.  It’s not a paparazzi shot, it’s a paid for advert with Tyra banks, I’m positive that the professional photographer who makes his living by taking these pictures would not give his work away for free for SL photographers to slap a face on.

I then spoke to the owner of the gallery

2009/12/21 7:49]  Mariposa Menges: IP theft?
[2009/12/21 7:49]  Darkley Aeon: Intellectual property
[2009/12/21 7:49]  Mariposa Menges: why would atog come up on a search for ip theft??
[2009/12/21 7:49]  Darkley Aeon: because you are using copyrighted images
[2009/12/21 7:50]  Mariposa Menges: oh?  and how do you prove that?
[2009/12/21 7:50]  Darkley Aeon: without permission, all photographic works are copyrighted unless stated otherwise
[2009/12/21 7:50]  Darkley Aeon: because you told me you didnt get permission
[2009/12/21 7:50]  Mariposa Menges: I didnt say that, I said that artists make the images, I’m not an artist
[2009/12/21 7:50]  Darkley Aeon: i didnt say you were
[2009/12/21 7:51]  Darkley Aeon: i spoke to someone earlier, but wanted to speak to the boss first
[2009/12/21 7:51]  Mariposa Menges: yes, my partner tells me you make a habit of slandering successful companies in SL
[2009/12/21 7:52]  Darkley Aeon: me? i never have
[2009/12/21 7:52]  Mariposa Menges: just as I’ve never stolen Intellectual property
[2009/12/21 7:52]  Mariposa Menges smiles
[2009/12/21 7:53]  Darkley Aeon: except that i can prove that A Touch of Glamour does use works withouth permission, licenses for photos tend to be around hte $200USD mark, more for celebrities, you cannot prove i have ‘slandered’ anyone
[2009/12/21 7:53]  Darkley Aeon: slander is verbal, libel is written, and i havent done either
[2009/12/21 7:53]  Mariposa Menges: mhm
[2009/12/21 7:53]  Mariposa Menges: well, there are no celebrity images in my gallery
[2009/12/21 7:53]  Mariposa Menges: and how can you prove that my artists dont possess licenses?
[2009/12/21 7:53]  Darkley Aeon: have you ever heard of tineye?
[2009/12/21 7:55]  Mariposa Menges: nope, I told you, i’m a business woman, not an artist
[2009/12/21 7:55]  Darkley Aeon: well, its a reverse search engine, so you can see the original image
[2009/12/21 7:56]  Mariposa Menges: and?
[2009/12/21 7:56]  Darkley Aeon: so you can see that the original photo is of tyra banks for example, and you can search down the original photographer
[2009/12/21 7:56]  Darkley Aeon: and check licensing
[2009/12/21 7:57]  Mariposa Menges: looks like you’ve got your work cut out for you…except that arent licenses made in RL names? and my artists use SL names….
[2009/12/21 7:57]  Darkley Aeon: yes, but would an sl artist pay $200USD for a image that they are selling for $1000L?
[2009/12/21 7:59]  Darkley Aeon: thank you for your time anyway, i know you are busy
[2009/12/21 7:59]  Mariposa Menges: well, I cannot speak for my artists darling, but I have been made aware of the recent questions and issues arrising from artists making morphs in SL and i’ve instructed all my artists to use only sites that allow their images to be altered, etc.  Beyond that, there isnt much I can do
[2009/12/21 7:59]  Darkley Aeon: thank you

So, does this kind of thing matter? Does anyone in SL care about IP theft when it doesn’t involve SL creators?  Do you believe this is IP theft? Do these morph photographers get permission and pay the fees?

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