Are "Sample Photos" On A Computer Public Domain?

Discussion in 'Legal Issues' started by gemini181, Nov 17, 2008.

  1. #1
    Please, look at my avatar.

    The background photo (with a rock arch and blue sky) is 100% legitimate and royalty-free from a website which charges $$ for membership.
    The stunning sunset is (probably) a "sample photo" which came 'free' with an Apple computer ~8 years ago.

    The Cancun_Sunset is truly hard to replace, since they did a great job creating a focused 'bright spot' which doesn't ruin the photo by being too bright.

    I'm looking to use this graphic commercially...
    Are "Sample Photos" On A Computer Public Domain?

    Thank you.


    EDIT: I just called Apple's customer service and they gave a 'double' answer.

    1) He asked a supervisor and they said, "The photo is freeware and public domain." :)
    2) He also said if I was worried I should contact their legal department tomorrow.

    Does anyone think I should worry?
     
    gemini181, Nov 17, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Are "Sample Photos" On A Computer Public Domain?

    No, not automatically. You always need to make sure you have express permission to use any photograph. I would send an email to apple because if it ever becomes an issue, you'll have something in writing. It's very common for a photographer to license use of a photo for specific usage (like distributed with apple computers) but still retain all other usage rights to the image.
     
    mjewel, Nov 17, 2008 IP
    gemini181 likes this.
  3. dailyreseller

    dailyreseller Peon

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    #3
    Call Apple Computers and record the call. Also note the Supervisor Employee ID or email address.

    Once he says that this is FREE and in public domain, write a letter mentioning the employee name and conversation you had and thank them for providing this information.

    Send it by registered post and keep a copy of receipt and letter.

    Now you are safe.:D
     
    dailyreseller, Nov 20, 2008 IP
  4. mjewel

    mjewel Prominent Member

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    #4

    It's illegal in many states to record a conversation without the consent of both parties (California is one).

    You need consent in writing to be safe. I could call and get the employee ID or email address and make up any conversation we had. A company is under no obligation to take the time to dispute a letter of a supposed conversation and a letter to the company is not proof of anything.
     
    mjewel, Nov 20, 2008 IP
  5. gemini181

    gemini181 Well-Known Member

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    #5
    My first email resulted in an automated response which gave 4 or 5 different email addresses for exact subjects.
    I'm currently waiting for a reply from "media.help@apple.com."

    If the photo wasn't so "perfect", then I would use a different one (which is 100% legit)
     
    gemini181, Nov 20, 2008 IP