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Neeci
Posts:5
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| 12/10/2007 6:28 PM |
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If I admire a particular watercolor, and decide to paint a duplicate myself, can I sell it? I did make a small change, it is an old house and I added some birds to an old tree. Thanx |
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pastelmimigt
Posts:359
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| 12/13/2007 10:50 AM |
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An art teacher told me you can legally copy someone's work as long as you change it at least 30%. I'd verify that and also find out more by searching on the web for artist copyright laws.
Michele |
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MSHa
Posts:12
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| 12/29/2007 11:12 PM |
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MY ART TEACHERS SAID 60% MUST BE ORIGINAL WORK
MSHa |
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Llarian
Posts:44
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| 01/20/2008 8:28 AM |
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In this case, if you are asking the question, your gut is probably already telling you that there is something wrong with it.
Here is what I know: copying someone else's work for learning or enjoyment is acceptable, as long as you sign the work "after___", example: John Doe, after Pablo Picasso, and don't try to sell it for profit.
Copying someone else' s work for resale without their expressed (and you better get it in writing) permission is plagiarism- a nice tidy legal term for theft of intellectual property. Legally, you might be able to get away with it without getting sued if you follow whatever % guidelines are in effect, but ethically and business wise, you are treading dangerous ground.
First of all, consider how you would feel if someone came along and took your design that you had slaved over for who knows how long and copied it, changing a couple of minute details, to turn a buck? (Having had work copied and sold for profit without my permission, I can tell you that I felt violated.) Once that reputation gets out about you, it is bound to cause you problems down the line if you intend to pursue an art career. If you try to show work the judges will always be wondering, "Gee, did she design this herself or copy the work of someone else...?" Galleries, critics and other art professionals might want to avoid your work because it might be plagiarized, and they don't need a sullied reputation or a lengthy legal proceeding. Serious collectors may also stay away for the same reasons. If you do eventually get famous, we all know how sordid stories tend to creep out of the woodwork to create sensation and defame your character- except in this case someone would actually own proof of your indiscretion and could produce it for scrutiny. Think about the public embarrassment and humiliation you would suffer by being discredited among your peers at the height of your career...
On the other hand, including the work of someone else in some situations is acceptable, like painting a portrait of a man in his office with a painting hanging behind him. In these cases, it is best to tread cautiously and ask relevant questions like, "is this artist alive and/or still producing art?" If so , you probably should obtain permission. If the artist is deceased and the art has passed into the public domain, then you are probably safe.
As an aside, there was a story about an artist that included the work of another artist in her paintings, quite literally, as cut up pieces of collage, and that issue turned into a legal brouhaha. I don't remember how it actually turned out, but who really wants to go there?
I hope this helps clarify things for you. If you have the drive and the desire (notice I didn't say talent because talent is overrated), you will eventually create something all by yourself that you can be really proud of and that you can sell (or keep). I have been painting 39 years and honestly, about one out of every twenty or thirty pieces is good enough to frame and sell, and occasionally, a few strokes of genius show through and I have a real breakthrough piece. This is normal. Paint as often as you can, everything you can, with no thought for success or failure. Then, critique ruthlessly and never give up, and eventually you will develop a personal oeuvre or body of work that you can share with others, and they will be the better for having experienced it.
Good luck!!!
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claudiamah
Posts:86
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| 01/20/2008 4:54 PM |
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| With other forms of creative work, (literature, plays, music, etc.) often the copyright, after death is passed to the estate or family, and they hold it for a set number of years. This may be true for artwork also. |
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Cagg
Posts:0
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| 01/29/2008 5:12 AM |
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| Sure you can sell it, although not legally. But it will alays be an embarrassment to you, and if its not, it should be. You'll never improve as an artist by copying someone else. |
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pastelmimigt
Posts:359
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| 02/01/2008 10:31 PM |
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Posted By pastelmimigt on 12/13/2007 10:50 AM
An art teacher told me you can legally copy someone's work as long as you change it at least 30%. I'd verify that and also find out more by searching on the web for artist copyright laws.
Michele
I misquoted what my teacher said. She was talking about painting from someone else's photograph. I would never advocate copying someone else's painting and then trying to sell it. That's just plain wrong.
Michele |
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