Is it legal for me to paint a picture from another artist and sell it?

Question

I have painted pictures of other peoples art. For instance, I painted my own version of "Tournee Chat Noir" by Steinlen. I painted it a lot like the original but added some words to it. I'm not trying to steal the picture, but I would like to sell it on eBay and credit the original artist. Is this legal? I've also gotten pictures from Art.com and painted my own versions. Is this plagerism? I wouldn't be taking credit for the pictures. Basically, is it legal to paint my own paintings from famous pictures?

When I paint my own picture from another painting, I don't try to act like the original artist painted it. They don't look exact and I'm not taking credit. I sign my own name. I'm not copying it exactly and they never look exactly like the original. I'm just painting my own version of the original. I wouldn't be selling it under the pretense of it being the original artists.

Answer 1

Let us know how jail is treating you. I heard forgers have lots of boyfriends.

Answer 2

YES it is legal, as long as you sign YOUR name to it.

Think about how many replica Van Goghs there are out there. Everybody knows they aren't the "real McCoy", but they are beautiful nevertheless. Call any art shop selling oils and acrylics ... they have many, many replicas. (Now these are painted replicas, not forged copies).

Your work will not be ~exactly~ the same as the original, so it is not forgery. This is not the same an an intent to commit fraud whereby you exactly copy a painting, put somebody else's name on it and attempt to market it as the original work.

A trained examiner can tell a fake by the brushstrokes anyhow.

Answer 3

You need to say that your works are "inspired" by the original artists. If you put them on eBay and use the original artists as the creators, that is considered fraud...or plagiarism....you need to take credit for the pictures.....otherwise it is not legal.

Edit* In response to your addition....when you describe the work, describe it as being an original painting inspired by, for example: Vincent Van Gogh's "Starry Night". Yes it is legal to paint your own versions of famous paintings as long as you are painting them differently, using your own name and quoting them as being inspired by.......just make sure that the paintings by the original artists are not copyrighted.

Answer 4

As long as the original was painted before 1920, and you do not coceal the fact that it is a copy, everything will be fine. Art painted after 1920 may be copyrighted, and repruducing it will lead to problems.

Answer 5

You can paint whatever you want legally and sell it. You cannot misrepresent and say it is the original, but you can paint a copy and sell it.

Answer 6

I've done something similar, but I use paintings as inspiration, and change how it looks. If it is a copy, you would call it a reproduction. Just be sure you don't represent other's work as your own.

Answer 7

i think that if you are painting your own version and it doesn't look alot like the artist's version it is legal. but if it looks like the same picture that's probably illegal

Answer 8

Blue Green is absolutely correct. It is plagiarism, unfortunately. If you can manage to change the original photo enough in photoshop, then you can get away with it. I've run into this a few times, but theres no way around it. Even the man who created the Obama HOPE and CHANGE posters lost his court case. He used an AP photo, and they sued the shirt off his back. So be careful.

Answer 9

Just be sure to say....inspired by...and you should be okay. I think the picture you are talking about is not copyrighted since it was painted in late 1800's.

Answer 10

if the picture is not copyrighted or you have the original artist's permission to reproduce it, it is legal. thats kind of like selling a burnt cd that you retouched and mixed.

Answer 11

i've done this before, so i can tell you firsthand that it IS legal. as long as you give credit to the original artist, and it is not an exact replica, you are fine. good luck!