Another Copyright Question

Have your say on issues related to using a DSLR camera.

Moderator: Moderators

Forum rules
Please ensure that you have a meaningful location included in your profile. Please refer to the FAQ for details of what "meaningful" is.

Another Copyright Question

Postby mic on Sun Jun 10, 2007 7:52 pm

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:
User avatar
mic
Retired Egg Flipper
 
Posts: 2167
Joined: Thu Oct 28, 2004 2:33 pm
Location: Glen Waverly VIC

Postby macka on Sun Jun 10, 2007 7:55 pm

Can I ask what is with all of these questions? Is it for something in particular? Just curious. Seems like you're plotting something. :)
Cheers,

macka
a.k.a. Kris
User avatar
macka
Senior Member
 
Posts: 1092
Joined: Sat Dec 31, 2005 4:18 pm
Location: North Rocks, Sydney

Postby big pix on Sun Jun 10, 2007 8:14 pm

Mic ....... talk to a copyright Lawyer, sounds like you need one, and it will be money well spent......
Cheers ....bp....
Difference between a good street photographer and a great street photographer....
Removing objects that do not belong...
happy for the comments, but
.....Please DO NOT edit my image.....
http://bigpix.smugmug.com Forever changing
User avatar
big pix
Senior Member
 
Posts: 4513
Joined: Thu Feb 17, 2005 11:52 pm
Location: Lake Macquarie NSW.

Postby Nnnnsic on Sun Jun 10, 2007 10:01 pm

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.
Producer & Editor @ GadgetGuy.com.au
Contributor for fine magazines such as PC Authority and Popular Science.
User avatar
Nnnnsic
I'm a jazz singer... so I know what I'm doing
 
Posts: 7770
Joined: Sun Aug 08, 2004 12:29 am
Location: Cubicle No. 42... somewhere in Bondi, NSW

Postby mic on Sun Jun 10, 2007 10:15 pm

I was thinking about that Leigh, is that like the Mo on the Mona ?

Cheers,

Mic :wink:
User avatar
mic
Retired Egg Flipper
 
Posts: 2167
Joined: Thu Oct 28, 2004 2:33 pm
Location: Glen Waverly VIC

Postby Nnnnsic on Mon Jun 11, 2007 2:50 am

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.
Producer & Editor @ GadgetGuy.com.au
Contributor for fine magazines such as PC Authority and Popular Science.
User avatar
Nnnnsic
I'm a jazz singer... so I know what I'm doing
 
Posts: 7770
Joined: Sun Aug 08, 2004 12:29 am
Location: Cubicle No. 42... somewhere in Bondi, NSW

get professional legal advice

Postby zafra52 on Mon Jun 11, 2007 12:17 pm

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.
User avatar
zafra52
Senior Member
 
Posts: 4827
Joined: Thu Dec 01, 2005 10:22 pm
Location: Brisbane

Postby mic on Mon Jun 11, 2007 10:20 pm

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:
User avatar
mic
Retired Egg Flipper
 
Posts: 2167
Joined: Thu Oct 28, 2004 2:33 pm
Location: Glen Waverly VIC

Postby Matt. K on Mon Jun 11, 2007 11:38 pm

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.
Regards

Matt. K
User avatar
Matt. K
Former Outstanding Member Of The Year and KM
 
Posts: 9981
Joined: Mon Sep 06, 2004 7:12 pm
Location: North Nowra

Good luck

Postby zafra52 on Tue Jun 12, 2007 11:41 am

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.
User avatar
zafra52
Senior Member
 
Posts: 4827
Joined: Thu Dec 01, 2005 10:22 pm
Location: Brisbane


Return to General Discussion