if I take a picture of a copyrighted image with my own camera and use my picture

[SOUL IS BROKE]

for commercial use, is it? copyright infringement.........ALSO, part 2.....say I buy 20 cups from Mcdonalds that has the M logo, now if I take a picture of 1 of the cups that I purchase, and use that actual picture for commercial use, is it still copyright infringement (I am not advertising the logo, just the CUP with the logo on it) thanks..........this is a question with 2 differnet answers thanks

 

[demos_jones]

Simplest answer, yes, it's copyright infringement. It's not HOW you display someone else's image, but the fact that you do so. Whether a picture of a picture, or an image on the internet, or printing it out on paper for commercial use.

You can take your OWN picture of the same scene, and it will belong to you. There will be small differences, such as angle, perhaps picture quality, or lighting. But it will be YOUR image.

Besides written permission, the only defense against infringement is Fair Use. Not using their image as yours, but using their image to demonstrate a facet of your OWN original work commenting on it. Even then, it's still a DEFENSE as you may be subject to a predatory lawsuit just to prevent your use, on the basis that they have more money to sue than you have to defend yourself.

By the way, pictures are copyrighted. Logos are trademarks, and come under a different set of laws.

 

[snowcone]

Copyright infringement on all counts

 

[boomn4x42]

Part 1, yes that is copyright infringement.

Part 2, yes that is copyright infringement.

Anytime you use a logo or copyrighted image without the permission of the owner of the copyright, it is copyright infringement.

 

[Irv S]

It's a copy of that copyrighted image.
It doesn't matter how you do it.
It's still a violation.

 

[Tony S]

Yes it is, you could be sued and end up having to pay a huge amount of money. The logo is a registered trademark of Mcdonalds.