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Cthulhu Copyright Question

Community Beginner ,
Aug 31, 2023 Aug 31, 2023

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I have a question about characters / works in the public domain. Can you post illustrations of Cthulhu or Jane Austen characters or Moby Dick? All of these are in the public domain not under any sort of copyright, but where does this fall under Adobe's stock image terms? 

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Community Expert ,
Aug 31, 2023 Aug 31, 2023

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In theory, you probably can. The missing variable would be if the moderator who reviews your work is up to speed on what is and is not in the public domain. 

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Adobes policy on images does not mention public domain. It states that any resembalance to real persons require a model release. For me, that means even for public domain.

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Not sure about that... there are many images of Abraham Lincoln, for instance, and I doubt that contributors are able to get a signed model release from him,,.

Jill C., Forum Volunteer

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Five years ago, @MatHayword stated in a post that a model release is required for persons who have not been deceased for atleast 75 years. 

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Not sure about that... there are many images of Abraham Lincoln, for instance, and I doubt that contributors are able to get a signed model release from him,,.


By @Jill_C

You don't need one. You need one for Einstein or Elvis. Fictional characters need a property release from the rights holders, if they are still copyrighted (Mickey Mouse, Superman, …).

ABAMBO | Hard- and Software Engineer | Photographer

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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That would be the safest way to interpret that particular requirement. 

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Community Beginner ,
Sep 01, 2023 Sep 01, 2023

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Ok, that makes sense about the model release for real people. But what do people thing about characters from books or stories in the public domain--Little Red Riding Hood, Cthulhu, Jane Eyre, Moby Dick the whale, etc? All of these are free from legal copyright issues but I don't know where they fall on Adobe's policies. 

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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You should be fine and I'd go for it. In fact, I just had this image accepted today with the 'little red riding hood', adult' in my keywording. For lesser-known people or fictional characters now in the public doman, I would think that the worst that could happen would be an IP rejection from a moderator unfamiliar with the person or character. It's not like you're attempting to upload a likeness of Billy Joel or Mic Jagger, which would probably result in a temporary suspension at minimum.

Portrait-2108.jpg

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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All of these are free from legal copyright issues but I don't know where they fall on Adobe's policies. 


By @ByTheWindSailor


They fall in free to use, except if you use the likeness of a "new" creation from Disney for example. Snow White is free from use, but Disney's depiction is not. The same with Winnie the Pooh, who entered into the public domain recently. The depiction (bear with a red t-shirt) of Disney's figure is still copyrighted. But friendly Winnie could be turned into a monster… https://youtu.be/W3E74j_xFtg?feature=shared

ABAMBO | Hard- and Software Engineer | Photographer

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Enthusiast ,
Sep 01, 2023 Sep 01, 2023

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The OP ask about popular fictional persons. People from novels and cartoons. 

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Adobes policy on images does not mention public domain. It states that any resembalance to real persons require a model release. For me, that means even for public domain.


By @RALPH_L

If you want to use a generative AI depicting Abraham Lincoln or Queen Elisabeth I (not II) go ahead. You may do that. Their visuals are in the public domain and no heir will object to use their likeness. It's a different story with Elvis or Einstein.

ABAMBO | Hard- and Software Engineer | Photographer

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Moby Dick (aka The Whale)  is an 1851 fiction novel by Herman Melville.

Jane Austin was an author who died over 100 years ago.  The following image of Jane Austin is in Public Domain.

https://commons.wikimedia.org/wiki/File:Jane_Austen.jpg

 

Stock prohibits using works in Public Domain.  Everything you submit to Stock must be YOUR OWN work, not the work or partial work of other artists.  See below.

https://helpx.adobe.com/stock/contributor/help/submission-guidelines.html

image.png

 

Hope that helps.

 

 

 

 

Nancy O'Shea— Product User, Community Expert & Moderator
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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Makes perfect sense. I have been commenting under the impression--I think correctly so--that he was using AI. But incorporating the images you mentioned IN to and AI asset would certainly be a no-no.

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Community Beginner ,
Sep 01, 2023 Sep 01, 2023

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I was referring to unique artistic interpretations of public domain characters (vector art of Moby Dick, a modern illustration of what Jane Eyre might look like). 

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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As long as the Moby Dick is your creation, you can go on. You cannot take a picture or a photographic representation and turn that into a vector art. 

ABAMBO | Hard- and Software Engineer | Photographer

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Community Expert ,
Sep 01, 2023 Sep 01, 2023

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I'm sure that would be allowed if the keywords & titles don't tigger a read flag. 

 

 

Nancy O'Shea— Product User, Community Expert & Moderator
Alt-Web Design & Publishing ~ Web : Print : Graphics : Media

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