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basilenyc
Posts:1
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| 01/09/2008 11:45 AM |
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I'd like to know the parameters of the law which governs the right to "copy" or "use" someone else's image. for example, can i, as an artist, paint an image i see in a newspaper, magazine, or calender on a canvass and call it my own? To what degree can I "copy" it? What if i do a loose interpretation of it? What if I reinterprete it [is'nt this what some masters such as Van Gogh did when he "copied" Francois Millet?]? Does size matter?
Now if part of the answer to these questions is 'it depends on if the artist/maker of the original image has a copyright on the image, such as a photographer would'; how does one find out? How are such art contests such as the annual "interpretive art contest" in the Artist's Magazine considered legal and soforth.
My guess or common sense tells me that the closer one comes to copying something verbatum, the closer he/she comes to copyright infringement. But what are the parameters to that and who decides?
thanx for considering, sincerely James Basile
www.jamesbasile.com |
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River
Posts:360
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| 01/10/2008 10:40 PM |
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I'm not an expert on it all but I have heard this...
if you paint a copy of a photograph you did not take (as in from a magazine or whatever)...fine...but you cannot sell it or advertise it...that would be copywrite infringement...(unless it's from the 1800's or something). It cannot not be obviously a copy. If it's Babe Ruth? I think you're ok. There's a guy at our mall that sells art he does of celebrities.
If you copy another painting...the same is true...it's only for your own fun or learning experience. Meaning...
you can't make money on it.
If it's the Cistine Chapel...I don't know?? Does the Pope own the rights? I don't think so...I think that's
like the 1800's photos. It's passed out of copywrite (although it probably never had such rights.) People would just have said..you're such a copycat! How about Andrew Wyeth...probably the estate still has the rights..? But you can use something from a photograph that's not yours...as long as it's really not recognizable as being borrowed. Otherwise I guess call the photographer...he'd be glad to get paid!
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mikec@pols
Posts:791
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| 01/11/2008 11:37 AM |
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James,
Be very, very careful on this. There are specific laws governing copyright and you need to educate yourself before doing anything.
It's always best to use your own photos or go to websites that offer royalty free photos, photos for sale or just get to know a professional photographer and get pics from him/her. There are specific websites that have reference photos available for artistic use.
I'm telling you, be very careful! The laws have changed over the years and are very strict concerning this. In the past there were time limits on copyrights, but not now or if there are they go for a long, long time.
If push comes to shove, you can get into trouble for copying any work, wether you sell it or not...I know this for a fact!
Mike |
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"You either grow or regress...nothing stays the same...." (unknown)
"A man may fall several times in life, but he is not a failure until he says that he was pushed..."
www.portraitsoflifestudio.com |
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