It depends on how creative you are being here. The key concept is "transformativeness." If you modify the original images into something that is truly unique, then you could make the case that your use of the images is protected under fair use. The classic example here is a parody, a particular type of use which is explicitly permitted in the law. If you are just stringing together images, making the case for transformativeness might be tough, but I don't fully understand what you have in mind.

Keep in mind that appealing to fair use does not protect you from takedown requests and legal action. If the copyright owner wants to take you to court over the issue, the court will then decide on a case-by-case basis whether your use is truly protected by fair use. Even if your use is determined to be legal, you are still stuck with an expensive and laborious process.

The only way to _truly_ be safe here would be to contact the copyright owner, unless you find from a reputable source that the images are licensed for the kind of re-use you have in mind.

Josh Welker
Electronic/Media Services Librarian
College Liaison
University Libraries
Southwest Baptist University
417.328.1624


-----Original Message-----
From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of Matt Amory
Sent: Monday, March 12, 2012 9:52 AM
To: [log in to unmask]
Subject: [CODE4LIB] Composite imaging?

I'm working with a set of images of artworks (images which are common on
the web for the most part) and I'm wondering if there is a way to layer
multiple "possibly-subject-to-copyright-claim" images together into a
single layered image which would not be subject to any copyright claim.

Since the GIMP'ed image I would be presenting would be different from any
of its constituent parts, could I post it without fear of takedown orders?
Or is this a dubious strategy?

Thanks for pondering

-- 
Matt Amory
(917) 771-4157
[log in to unmask]
http://www.linkedin.com/pub/matt-amory/8/515/239