I have a question regarding images said to be in the Public Domain. Say I use an image from a site that is specifically tagged is as a Public Domain image (even listing sources of said image). Later, someone comes to me and says the image is their copyrighted work, and they would like payment for the damages. Am I liable for the use of this image, or does that liability pass to the site that (initially?) claims its public domain status? How do I know the copyright holder didn't somehow 'release' the image in the public domain, only to track down the users later? I have heard that you can take a public domain image, modify it slightly, and copyright it. Is that true?
1. You do a search for the copyright of the image in your country if you are in question. 2. You are liable if you use a copyrighted image. It doesn't matter where you got it. 3. No, modifying an image doesn't make it yours. If I take your lawn mower and paint it a different color, is it mine then?
1. How do you search for a copyrighted image? Compare the image with every image ever copyrighted? 2. If your other two statements made sense, I might believe you. I'm pretty sure the original site is also liable, and may have to indemnify the users of that site if they claimed they were in the public domain. 3. If a public domain image is used in a new image that you create, I'm pretty sure it is yours. Your lawnmower example doesn't work with public domain images. Maybe if a lawnmower was thrown out (free) and then you painted it, it could be yours.
How to search for a copyright: http://www.copyright.gov/help/faq/faq-fairuse.html#whoowns Can you change a work and claim it as your own? http://www.copyright.gov/help/faq/faq-fairuse.html#change Copyright Chart: http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
I see no way of searching for images files that are copyrighted. They don't publish a list you can check. If you have the name of the image, the author, they might be able to find it for you for a fee. The chart is a little confusing, because, of course, none of these are known about the image in question. Now, can't the creator of a image release the image into the public domain?
Yes. The simple reality is that you must assume that every image you find is copyrighted and legally protected. The only way to be sure that it is not is: 1) The image is from 1923 or before; or 2) You have explicit information from the copyright holder that they have abandoned their rights and give the image to the public domain. Short of that, you should assume it is protected and not in the public domain.
2) The original site is also liable. If you can prove that they supplied the image under false pretense then you could in turn sue that site for any costs you incurred. Of course, if that site/owner has no money you'll be out of luck. 3) The copyright would only extend to the new image. You do not get copyright over the image that was in the public domain. Others are still able to use the public domain image.