Every time I go to fairs, conventions, thrift stores, etc, I see people that sell celebrity portrait drawings based on copyrighted images. Do these people ever get in trouble? How would someone prove that they were deriving a work from a copyrighted image?
2006-07-09 04:33:33 · 6 answers · asked by martin h 6 in Politics & Government ➔ Law & Ethics
A lot depends on the purpose for the production, and the scale of the project.
If you are just amusing yourself or doing an art project for a class, no problem. The guys selling for profit are technically in violation, but there's not a 'copyright police force' out there looking for violators. It's up to the copyright holder to discover and bring litigation against violators. There's no profit margin in Universal Studios suing some wino in Central Park with a little talent who's selling a few pirate 'Star Wars' posters to pay the rent. However the Vietnam War veteran who wrote 'Goodnight Saigon' has a lot to gain from a successful lawsuit against Billy Joel (however, he lost).
The net effect a lot of the small time pirates have on a really big company is a 'win-win' situation where the pirates make a little money and the big guys gain a little free advertising. But lawsuits can and do happen, especially when it comes to 'brand name' infringements. Giants like McDonald's and Starbucks do indeed go after individual 'mom and pop' stores that get close to their franchise names.
2006-07-09 05:14:44 · answer #1 · answered by rumplesnitz 5 · 3⤊ 1⤋
These websites pertain to copyright laws pertaining to works of art. It appears that the original artist holds all rights to the images and reproduction of any type must have the artists permission. You must also give credit to the original artist. There is a section of the law however that allows legal right to use the images 75 years after the death of the artist. This is why reproductions of renaissance painters etc. can be used so freely. There is also a clause pertaining to whether you are doing the reproductions for profit or for your own home for instance where they are not publicly displayed. Sometimes a case can be taken to court regarding the removal of a piece of artwork. For instance a mural has been painted on a building or something along that line and structural damage will be done by removing it. The laws are very complicated which is why I listed the websites here. I may be wrong in some of my interpretations of these laws so don't quote me. The last website lays out a particular artists conditions for the use of his work which is quite interesting. He actually publishes a phone number where you can report illegal use of his work.
2006-07-09 13:00:37 · answer #2 · answered by jimminycricket 4 · 0⤊ 0⤋
No. Technically, the drawing is an original work.
2006-07-09 11:36:19 · answer #3 · answered by DOOM 7 · 0⤊ 0⤋
Seeing as the work is not a reproduction, it is a new work, i would say its legal.
2006-07-09 11:36:35 · answer #4 · answered by Anon 2 · 0⤊ 0⤋
You would do a drawing? eewe.
2006-07-09 11:37:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I have no idea
2006-07-09 11:37:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋