Ok if someone post a picture online with copyright, can someone draw it? NOT copy it but draw it? And posted in another online website without posting the name of the dog in the picture? Or is this agaist the law? SERIOUS ANSWERS ONLY PLEASE.
2007-11-09 13:02:26 · 12 answers · asked by Anonymous in Arts & Humanities ➔ Visual Arts ➔ Photography
Thanks everyone.
2007-11-09 13:16:00 · update #1
no that is illigal
2007-11-09 13:04:32 · answer #1 · answered by Anonymous · 1⤊ 3⤋
It depends.
If it is being used for commercial purposes then most likely yes. If it simply up on a website for viewing then it will fall under the fair use clause. So there is no infringement.
So lets say it is being used for commercial purposes. If you haven't registered the picture with the copyright office you can only sue for actual damages. These damages would include the price of what you would have charged someone for using the picture and any potential loss of income.
Now if you had registered the picture you can also sue for punitive damages. This can be very expensive. lat I knew it was 10,000 per picture. This is why it is important to properly copyright work as it will give you leverage to have people settle out of court before a very costly trial takes place.
If you just simply object to the picture being up even if they are using it under fair use clause, you can hire a lawyer for them to take it down. That is usually more than enough to scare someone. The music industry dose it all the time as many of their cases could actually fall under the fair use clause. But that another story...
2007-11-10 02:48:59 · answer #2 · answered by Michael L 3 · 0⤊ 0⤋
As long as it's in NO WAY connected to anything that makes money for you or anyone else. And somewhere in small print an acknowledgement of the CW network, the fact that they own the copyright and that no infringement is intended wouldn't hurt.
2016-03-14 06:22:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It's not illegal or against copyright laws.
Making an illustration of a photographic copyrighted work isn't illegal, nor is posting this illustration or making money from it, as long as the photographic copyrighted work isn't a trademark or logo.
That "paralegal" doesn't know what they are talking about. A derivative work would involve altering the actual photo and not making an artistic interpretation of it. I've copyrighted many of my own works and know better. If the person took a portion of the photo and posted that, then it would be illegal as the partially photo is a derivative piece of work.
2007-11-09 13:05:32 · answer #4 · answered by Anonymous · 0⤊ 3⤋
This is not a simple legal question. Getting your inspiration for a drawing from a copyrighted picture does not violate the law. The question is whether you are close enough so the drawing is like a "copy" instead of like separate art. Not naming the dog actually makes it better for the person who made the drawing, because it made it sound more like "I was inspired to draw a dog" rather than "I copied a picture of Susie the dog."
I hope this gives you some idea. This is not an area of the law where it's easy to make general statements.
2007-11-09 13:12:27 · answer #5 · answered by Lisa B 7 · 1⤊ 2⤋
In the US it is a copyright violation under Title 17, because it is a "derivative work" based on the first.
As a practical matter, the copyright needs to be registered for the copyright owner to file suit. The damages would likely be minimal for the violation....the cost of the filing fee alone would exceed them.
http://www.copyright.gov/help/faq/ will back me up.
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works.
2007-11-09 13:05:32 · answer #6 · answered by Anonymous · 2⤊ 3⤋
"David," and "Jacob" have posted the correct answer but I'd like to add that the "dog in the picture" does not care if his name was not posted.
2007-11-10 09:31:32 · answer #7 · answered by Vince M 7 · 0⤊ 1⤋
if you give credit for the person who took the picture and don't put it off as your own original work, then it would be fine.
2007-11-09 13:05:48 · answer #8 · answered by Anonymous · 0⤊ 3⤋
copying someones original pic and then reposting it as your own is very illegal and you should report it to the person who originally drew it
2007-11-09 13:07:31 · answer #9 · answered by Jazmine S. 2 · 0⤊ 3⤋
As long as your not making money from it, it is not infringing the rights of the owner.
2007-11-09 13:05:23 · answer #10 · answered by howuluddat 3 · 1⤊ 2⤋
you can draw it but you cannot say its your original piece and you did all the work and give all the credit to your self you have to give credit back to the original artist
2007-11-09 13:06:10 · answer #11 · answered by steveo_mcr 2 · 1⤊ 3⤋