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Ltwiggs
Posts:11
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| 06/01/2008 12:26 PM |
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I recently painted from a photo I took years ago of a roadside flower stand. The owner seemed amused at the time when I told her what my intentions were and I received what I would call a 'verbal permission'. However, it never occured to me it could ever be a problem until I received an email today telling me she saw my painting of HER stand in our gallery and wanted me to take it down since she never gave me permission to paint it. What are my rights here?
Lori |
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Administrator
Posts:214
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mikec@pols
Posts:877
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| 06/20/2008 9:07 PM |
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Holly,
Anything on painting animals such as horses, cattle or dogs and cats...animals that are 'owned'?
Thank you,
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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Administrator
Posts:214
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| 06/23/2008 7:52 AM |
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Hi, Mike,
I can't recall any articles about the copyright issue regarding animals, but I think the artist is safe from copyright infringement when painting an animal, even when the animal is owned by someone else. I once edited a book which consisted of dog and cat painting demos from about 25 artists, and the question of whether an artist could paint an animal he or she didn't own never arose. I don't think this was an oversight; I think it just wasn't an issue. On the other hand, if your painting is based on a photograph that you didn't take, you should get permission to make a painting based on that photo.
Holly
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mikec@pols
Posts:877
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| 06/24/2008 3:56 PM |
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Thanks, Holly,
I'm clear on photographs that others have taken. I was just wondering about the 'laws' of 'owned' animals.
I usually take all of my own reference pics, so I use my own to paint from.
Thank you again!
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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1Painter42
Posts:156
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| 06/25/2008 8:07 AM |
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| I think most of you photograph from a public space is legal, but I think you need to get written permission from people for their image to be used, a model release, and I think animals are under property release, but you don't need property release if you can photograph it from a public space, from what I've read. A lot of artists try to make people unrecognizable so it won't come up. If the painting is of the stand itself, and she had it on a public road, I don't think she can do anything about it. There is so much information available, that it almost makes it more confusing. I found this site http://www.krages.com/phoright.htm |
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Justine
www.remingtoncreations.com |
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