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Another Copyright Question

PostPosted: Sun Jun 10, 2007 7:52 pm
by mic
Say I take a Pic of a Beach Hut on the Beach, it has Artwork like a Mural on it with the Artists name.

I take a Pic. enhance it & tweek it a bit, frame it and display in a shop and sell it.

Can I be sued,

Is there anything wrong with this

Thanks,

Mic :wink:

PostPosted: Sun Jun 10, 2007 7:55 pm
by macka
Can I ask what is with all of these questions? Is it for something in particular? Just curious. Seems like you're plotting something. :)

PostPosted: Sun Jun 10, 2007 8:14 pm
by big pix
Mic ....... talk to a copyright Lawyer, sounds like you need one, and it will be money well spent......

PostPosted: Sun Jun 10, 2007 10:01 pm
by Nnnnsic
What you'd be doing is called "appropriation".

Not being sufficiently skilled in legalese my self, what I do know that we learned from art history in Uni is that if you took the picture and printed it as an image with the intention of duplicating the original without telling the owner, it would be illegal.

If however you took a person and had them stand next to it and you incorporated it into your own photo, the photo would be yours to do with what you like and the art in the background is merely a part of the background of the artwork.

PostPosted: Sun Jun 10, 2007 10:15 pm
by mic
I was thinking about that Leigh, is that like the Mo on the Mona ?

Cheers,

Mic :wink:

PostPosted: Mon Jun 11, 2007 2:50 am
by Nnnnsic
Exactly.

Another famous one is Marcel Duchamp's Fountain: he didn't make the object and as such it's a found object, but if he rotates it he can call it art.

Mind you, "found art" and "appropriated art" are entirely different forms of art, but they each share the same thread with which you're referring to do.

get professional legal advice

PostPosted: Mon Jun 11, 2007 12:17 pm
by zafra52
Mic, get professional legal advice if you are producing material based on someone else's work for which you expect to generate an income. You will sleep better. Just think: once you sell it, who is going to see it or where is it going to end up? The last thing you will want is your work being labeled a forgery or get embroiled in legal arguments.

PostPosted: Mon Jun 11, 2007 10:20 pm
by mic
Thanks guys,

I will be contacting my Commercial Lawyer with this and there is method behind my MADNESS :roll:

I am starting up a Cafe / Gallery with a bit of my own stuff in there and local Artists I know.

I photograph characters out of books, like the wind in the willows and things like that, it could be of one of the characters and I PS them and put them in different sequence like 3 in a series and portray them them in a different manner.

I have done them for presents to friends and have been told why no put them in a shop ?

This is why I am asking these strange questions.

It's good to have feedback and there is no harm in asking, thats why I like this Forum.

Thanks for all you feedback, it might just keep me out of Jail :lol:

Mic :wink:

PostPosted: Mon Jun 11, 2007 11:38 pm
by Matt. K
If you are copying stuff out of books and then using that material as a basis for your own....I think you're treading in dangerous water, unless the books are no longer subject to copyright.

Good luck

PostPosted: Tue Jun 12, 2007 11:41 am
by zafra52
Mic, I also agree with you that it is the variety of opinions and depth of knowledge that some many members are generously willing to share that makes the DslrUsers such an interesting and valuable community. The best thing about it is we do not have to agree with each other providing we respect the dignity of one another. I wish you good luck on your new adventure.