Is a scan of an image copyright?

Discussion in 'photography, graphics & art' started by Sasaferrato, May 3, 2019.

  1. Sasaferrato

    Sasaferrato Grateful for what I have.

    For the sake of argument, I own a postcard. I then scan the postcard to use the scan on EBay or similar.

    Is the scan capable of being copyrighted? If the postcard is relatively recent, although I own the postcard, I don't own the copyright of the image that is on it.

    I hope I've put my question in an understandable manner.
  2. weltweit

    weltweit Well-Known Member

    I think you bought the postcard with the rights to hold it or send it on with the image in place.

    You didn't get the right to make copies of the image for any purposes.
  3. farmerbarleymow

    farmerbarleymow Seagull + Chips = Happy Seagull

    Try it and report back if you get sued. :thumbs:
  4. Sasaferrato

    Sasaferrato Grateful for what I have.

    Interesting. What it is is someone arguing that their scan is their copyright, and the second EBay seller has no right to use the image from the first EBay sale.
  5. weltweit

    weltweit Well-Known Member

    If you think of a car the comparison is interesting.

    Say you buy a Jaguar Super Evoke mobile.

    You own 1 Jaguar Super Evoke mobile. You don't have the right to make a copy of that car.
  6. weltweit

    weltweit Well-Known Member

    I would say the first person using a scan did not have the right to do that.
    Unless they obtained the right which seems unlikely.
  7. editor

    editor hiraethified

    The copyright of the postcard picture remains with the original photographer (or the company who commissioned him/her).

    If it's a scan of an old postcard it's quite likely to be long out of copyright. Unless the eBay seller took the photo on the postcard he'd be hard pushed to claim copyright.
  8. Sasaferrato

    Sasaferrato Grateful for what I have.

    I hear what you say, but unless you can scan postcards, stamps etc, the market is dead.
  9. Sasaferrato

    Sasaferrato Grateful for what I have.

    Thank you, that is what I thought. I have no problem whatsoever with people using my scans, fill your boots, ditto any digital photographs I post.

    If something is in copyright, would a scan for EBay be regarded as 'fair use'?

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