I want to sell some of my paintings but most of them are paintings that I did of pictures in magazines, calendars, greeting cards, etc. If I sell those paintings, will I be breaking a copyright law? Any and all information, opinions, and alternative approaches will be greatly appreciated! Thanks!
2006-11-08 15:15:54 · 10 answers · asked by megnt17 1 in Arts & Humanities ➔ Visual Arts ➔ Painting
Thank you all so much for your input! I wish I didn't have to choose just one Best Answer! Your opinions were great! Thanks again!
2006-11-11 12:53:08 · update #1
I'm not an attorney, but have been involved in over a dozen copyright infringement cases (my work was copied). Based on what I have learned from my personal experiences and lots of research, I do not recommend that you sell paintings based on anyone else's work. Part of the protection that copyright affords you is the in "derivative works"--meaning someone cannot make another work based on yours without your permission. In one of my cases I did recieve a large settlement for a derivative work made from mine, along with others that were almost exact copies. You can be fined $150,000 for each item you copy. Is it worth it?
You could take the chance, I suppose, and change a few details, and you might get away with it. BUT, can you afford to hire an attorney to defend your case? My attorney initially wanted $100,000 to defend my cases (and I was the VICTIM in this situation!), as an example of what it could cost you. Andy Warhol DID get into lots of hot water for his Campbell Soup cans, but it was resolved after alot of endeavors.
Just remember, though, that an idea cannot be copyrighted, only the design. Take the idea of the paintings you like, and do your own thing with them.
2006-11-09 04:01:43 · answer #1 · answered by poppet 6 · 0⤊ 0⤋
I am not an attorney....and if I was I could not give you legal advice not knowing if I am licensed to practice in the state you live in, because I do not know where you live....but I am a little familiar with copyright law....So, here is the deal....as long as the paintings you are selling are your own you are not violating copyright law. You could not take a photo directly from a magazine and frame the magazine page and call it your own without breaking copyright law. You could not scan photos from a magazine in and claim that you took them. So here is a for instance, you find a picture of a deer you like in a magazine....and you do a drawing of that deer, then you are all clear.
2006-11-08 23:21:41 · answer #2 · answered by freggs 3 · 1⤊ 0⤋
no you are fine. people take use recreate and manipulate images all the time. it's a fine line when the image is really there and you somewhat manipulated it, but if you painted on a blank canvas with the image as reference, you are completely fine. it is your own artistic interperetation.
Not to mention, unless you are selling the art for print on a large scale, books, mags, ads, etc. no one will notice the lawsuit wouldn't be worth the lawyers fees and you'll be fine. The copywrite laws are there to prevent people like me from taking your photograph putting a headline on it, and reprinting it without your permission, for my/my clients own commercial gain.
That said, try painting from life, when painters paint from photos, regardless of how good they are, the result is a flattened out image, you lose depth and light variation details that you can only pick up from the real thing. a trained eye can spot a painting done from a photo a mile away.
--- UPDATE ---
i found this link of famous masters who copied photos... somewhat related and quite interesting... figured you'd dig it:
http://fogonazos.blogspot.com/2006/11/famous-painters-copied-photopraphs_06.html
2006-11-09 00:42:33 · answer #3 · answered by Jonny Propaganda 4 · 0⤊ 0⤋
Not unless they sue Andy Worhol, too.
It isn't against the law (copyright) because it is your original work. No matter how someone looks at it, a closer look would reveal minor differences. It IS different.
Had you photographically "lifted" the images, I'd say the reverse.
2006-11-09 01:18:29 · answer #4 · answered by James H 3 · 0⤊ 0⤋
I think it should be fine, as long as they aren't photocopies of the original, and don't have a trade mark on it (like the nike symbol in the corner or something like that).
Everyone needs to get their inspiration from somewhere.
2006-11-08 23:23:49 · answer #5 · answered by Paraka 2 · 0⤊ 0⤋
Nooo It is only breaking the law if you copy it in like a copper machine.
2006-11-09 15:19:45 · answer #6 · answered by Tater Chip 2 · 0⤊ 0⤋
as long as you altered them a little, and i'm sure you didn't completely copy them completely and indentically! as long as you gave them some little touch of your own you didn't break any copyright laws!
2006-11-08 23:19:47 · answer #7 · answered by jess l 5 · 0⤊ 0⤋
No, it is your own work. As long as it's not an exact copy of someone else's work, it's not plagarism.
2006-11-08 23:17:47 · answer #8 · answered by Hemp 2 · 0⤊ 0⤋
I think so cuz the might be a registered trademark
2006-11-08 23:23:50 · answer #9 · answered by Timmy Mic 1 · 0⤊ 0⤋
No
2006-11-08 23:19:55 · answer #10 · answered by Proud Army Wife and Mommy 2 · 0⤊ 0⤋