Using Copyrighted Images: Can You Change Them or Claim New Rights?
The image itself is copyrighted no matter what. The question is who owns the copyright. Unless you have the copyright on the original image, you don't even have the right to change the image in the first place. Therefore, the question you're asking is: can you claim copyright on something you've modified without the owner's permission?
Understanding Copyright and Derivative Works
Making changes to an image does not transfer the copyright to you; nor does it remove or create a new copyright. On the contrary, making changes to an image violates copyright.
The vast majority of images are already copyrighted. One of the exclusive rights protected by copyright law is the right to make derivative works and to determine where and how a work is used. Taking someone else's image and modifying it without their permission not only deprives them of the right to determine the usage but also results in the creation of a derivative work, whose copyright belongs to the original copyright owner.
Copyright Infringement
Using or editing another person's image without their permission is a form of copyright infringement, which is illegal. In the United States, all creative works are protected by copyright from the moment they are fixed in a tangible medium, and this protection is extended to all 180 or so countries that are signatories to the Berne Convention for the Protection of Literary and Artistic Works. The only images not copyrighted are works in the public domain. This means that using or modifying a copyrighted image without the owner's consent is illegal and can result in legal action.
Legal Requirements and Fair Use
If you want to use or edit someone else's image, you must obtain their permission. In the U.S., all creative works are automatically protected by copyright upon creation, and there is no need for registration or a copyright notice. However, if you wish to use a copyrighted image in your work and claim it as your own, you must ensure that you have the proper permissions or that your use falls within the fair use doctrine.
It's important to note that fair use is a complex and nuanced concept that depends on the specifics of the case. Fair use is not a blanket license for using copyrighted material and is primarily intended for limited and transformative uses, such as criticism, comment, news reporting, teaching, scholarship, and research. If you are unsure about fair use, it is best to consult a qualified attorney. As an SEO expert, my response is based on my extensive reading and expertise in copyright law, but it should not be considered legal advice. For specific situations, it is essential to seek professional legal guidance.
In conclusion, changing a copyrighted image does not grant you any new rights. Instead, it can lead to copyright infringement, which is illegal. Always seek permission or use images that are in the public domain to avoid legal issues.