For example my friend did a painting of a photo of some parrots she saw once many years ago and now wants to sell it....are there any laws against that?Is it a copyright infringment to do an artists rendering of someones photo and then sell the art work?
Copyright Law of 1978 states all works of art are protected as soon as they are created. So as long as the photo use wasn't created by another artist claiming it's an original or you have permission, you're OK.
If you have questions go to this site: http://www.copyright.gov/Is it a copyright infringment to do an artists rendering of someones photo and then sell the art work?
No. Not unless she tries to convince people that her work IS the original, or is endorsed by the original. So long as no one can confuse her work for the original, she should be okay. This is why Andy Warhol was able to paint Soup Cans-- no one believed he was trying to sell soup!
There are laws but here in Canada the last time I checked the law stated that at least 10% of the original had to be changed in the copy.
As for what you are asking I would have to say that if the artist is commercializing the work with sales exceeding 1 copy then you could be in for a ';cease and desist'; order from the owner of the original work.
To copy out the piece verbatim so to speak and earn an income from the royalties of the sales then you could end up in the courts for your troubles.
However ...I've used parts of photographs from other visual artists for a painting and sold the work. I don't see any trouble for your friend in selling her version of the photos. It happens on a daily basis all over the world. In private sales and commisions it is quite legal and more than likely the original photographer would be pleased with it as you are not ripping him/her off with their artwork. You are simply selling a hand made rendition of the original photo on a one time basis.
Nothing illegal about that, nor immoral.
Tell your friend to go ahead and sell the painting, the '; nazi's of pettiness'; will not come down on him/her.
No its safe to sell, because the artwork was created by her hand. The photo was just a kick off point for the painting. Many famous photos though are copyrighted frinstance anything done by Disney is copyright material dont mess with them.
No there are no laws against it and here's why, there is no possible way on earth that she could have copied that photo exactly. copyright infringement in this case would mean that she has copied the photo via another photo and is selling the photos....Plagerism laws especially for a fine artist such as a painter or illustrator call for a change of at least 20% from the original that is being copied and unless your friend is an idiot savant and can actually match the colors perfrectly and the strokes of the bursh perfectly (if it were a painting being copied) then in that case, there may be some problem but I've never in 33 years heard of one case of plagerism simply because it's almost impossible to do,.....Now misrepresentation of an artist's work such as a Picasso being forged is soemthing that happens all the time and at various times throughout history people have sought to forge copies of certain paintings such as the Mona Lisa, or some Rembrandt or VAn Gogh........so you see, there is a difference.
Of course not. If taking someone's picture isn't a crime then why should drawing someone's picture be.
http://bestcartoonblog.blogspot.com/
as long as she doesn't claim it as the original piece, i think she's ok from any forgery stuff.
and as far as using someone else's art work in your own, it's fine under ';fair use'; laws. say if you paint a mustache on the copy of the mona lisa or paint campbell soup cans, you're making a statement using someone else's art.
for more on fair use, go here
(i would put the link to wikipedia's article on Fair Use here, but it's not letting me put in links, so i'll just say go to wikipedia and look it up yourself)
reading over this, i think your friend should be fine as the 4th part of the balancing test, ';the effect of the use upon the potential market for or value of the copyrighted work'; is in this case not worthwhile, as long as your friend doesn't crank out 100s of these.
Nope.
Think of it in the same way people have problems using the same name for their businesses. They only get into trouble if they are in the same market. I can call my bar Sotheby's but not my auction house.
If you sell art as art. One item and not plan to use it commercially in print there is no problem what so ever.
Even if you did problems would be very limited as paintings as a rule are original works even if they are derivatives.
Say the parrots were used in an advert for ... I don't know .. K-Mart and your painting would be used in a campaign for Sears ... you see the point? Well it still would not be you that is in trouble.
As a rule you are free to reproduce and sell (as original art) anything you can make.
Copyright laws are a very complex thing and any attempt to simplify the rules just makes things worse imo. Is it a copyright infringment in this situation? I would personally say no so long as it didnt look like it was copied from the photo, even if it was if its sold correctly and not published or replicated, then it's ';fair use'; imo. Nothing can stop anyone from claiming copyright infringment, but the courts will always ask the same questions when judgining if infringment took place .
Source(s):
http://www.youtube.com/watch?v=o4GLMgtaB鈥?/a>
http://www.youtube.com/watch?v=BQ2W_3y7i鈥?/a>
http://www.youtube.com/watch?v=4bK8AZSYt鈥?/a> example of how disney's stuff is used to say somthing. This is allowed and not a copyright infringment.
http://www.youtube.com/watch?v=GY-2YshuJ鈥?/a>
It depends on the photo you are hoping to use as a base, and if that photo is of an artwork or real life?
I sketched a facial portrait from a photo in a weekend paper liftout magazine. I wondered as well if this was copyright. I felt it was bad for not asking the permission of the actress, but with my current situation of pre undergrad BA I am not an artist skilled enough to ask the actress in person. Or with enough money to fly to wherever she is to meet with her in sitting!
I haven't displayed the sketch or even scanned it to my pc so it is only an original sketch and thus rendition of a mass produced and probably mass media syndicated photo - all with their legal and monetary above board.
Selling it as art is okay, but to sell it for commercial use would be an infringement.
It will only cause a problem if the selling of the painting takes money away from the business the photo was for. I think you will be fine if it is just one painting. Just don't make a bunch of prints and sell them.