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Kensie I have thought the same thing more than once. Anyone can trace, that is not art. Such a shame she gets away with it. I honestly feel some think her "art" will be worth something after she dies.
I did some research :lookingitup: on Copyrighting of art/photographs, etc. and couldn't come to any conclusions about how missy:jail: can get away with the copying she does of other people's work- it just confused me more.
kay: Maybe someone else can sort it out, if so inclined? :thinking:
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COPYRIGHT: AN OVERVIEW
"The owner of a copyright has the exclusive right to reproduce, distribute, perform, display, license, and to prepare derivative works based on the copyrighted work. See § 106. The exclusive rights of the copyright owner are subject to limitation by the doctrine of "fair use." See § 107. Fair use of a copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not copyright infringement. To determine whether or not a particular use qualifies as fair use, courts apply a multi-factor balancing test. See § 107.
Copyright protection subsists in original works of authorship fixed in any tangible medium of expression from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. See § 102. Copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery. For example, if a book is written describing a new system of bookkeeping, copyright protection only extends to the author's description of the bookkeeping system; it does not protect the system itself. See Baker v. Selden, 101 U.S. 99 (1879)....
http://www.law.cornell.edu/wex/copyright
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Copyright for Artists FAQ
http://painting.about.com/od/copyrightforartistsfaq/
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Image Rights: Harvard Law School- Art Law:
http://www.law.harvard.edu/faculty/martin/art_law/image_rights.htm
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Copyright Basics - Artists Rights Society
What is Copyright?
Who Owns Copyrights?
How Long Is a Work Copyright-Protected in the United States?
How Long Is a Work Copyright-Protected Worldwide?
What Is the Public Domain?
The Berne Convention & International Laws
http://www.arsny.com/basics.html
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-area of copyright law called
derivatives. It is kind of a gray area.
-breach of copyright if you don't identify the source and identify it as a reproduction or
It's original, if you painted it. If you want you can sight the source. Once it's published you have the right (as an artist) to be inspired to paint, sculpt, write a song or whatever, but you can't reproduce the photo as a photo.
Published photographs are copyrighted.
If you paint a published photo and then sell the painting, that is copyright infringement and you could be sued. Case in point, the painting of Obama taken from the cover of a magazine. It's in the courts right now.
This is where I'm stumped because she's copying from a photo and selling it. Why is no one stopping her?
You would have to alter the painting to the extent that it would not be recognized as the photograph you took it from.
or- if you change your painting a little to the original photograph. Leave out some things, or put more in.
Then your work is regarded as an original, and sell it as such.
But then there's this:
Art Glossary: Derivative Art:
"..
A painting based on a photograph is also a derivative work because you're adapting and transforming it. (Remember, there's a difference between using photos for reference and copying one!..."
http://painting.about.com/od/artglossaryd/g/defderivative.htm
So- then she is transforming the photo and this is OK??? But then there's this:
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Question: Artist's Copyright FAQ: May I Make a Painting of a Photograph?
"A painting made from a photograph is known as a derivative work. But that doesn't mean you can simply make a painting from any photo you find -- you need to check the copyright situation of the photo...
..The creator of the photograph, i.e. the photographer, usually holds the copyright to the photo and, unless they've expressly given permission for its use, making a painting based on a photo would infringe the photographer's copyright. In terms of US copyright law: "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."1...
....The absence of a copyright notice on a photo doesnt mean copyright doesn't apply.
Reference:
1. Copyright Registration for Derivative Works, US Copyright Office Circular 14, 05/2008
http://painting.about.com/cs/artistscopyright/f/copyrightfaq5.htm
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More :blah::blah:.....:sheesh: :
Legally Using Images
Do You Always Need to Obtain Permission?
Those familiar with fair use know that it is always up to a court of law to determine its applicability in any one situation. As such if you need reassurance or are in doubt, it is always best to obtain permission. There are a few circumstances when you do not need permission. If the image you are using is in the public domain, a U.S. federal government image (though not all government works are in the public domain), or the copyright owner has clearly (and reliably) stated that you may freely use the image without obtaining permission.
http://www.copyrightlaws.com/us/legally-using-images/
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Copy or Borrow From Other Artists?
How Far Can You Go?
"...Creating paintings from photographs taken by people other than yourself may or may not violate copyright laws....
... if a particular photographer is known for portraying images in certain unique ways that are readily identifiable with that photographer, and you copy one of their photographic compositions or incorporate it liberally and literally into your art, then you may be liable for copyright infringement...
Using other people's compositions or images to make money for yourself without first asking their permission and agreeing in advance about how you intend to use those images puts you significantly at risk for infringement.
On the other hand, if your painting is your own personal interpretation of a photographer's techniques for achieving certain visual effects, and you use those techniques as inspiration for your ideas rather than copy them directly, you're probably in the clear-- assuming your painting is not readily identifiable as a copy of that artist's work.
http://www.artbusiness.com/copyprobs.html
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RBM
:gaah: