jacoggins opened this issue on Feb 26, 2005 ยท 9 posts
jacoggins posted Sat, 26 February 2005 at 9:50 AM
Hi boys and girls! I am in (having?) a quandry, and would like some input. As some of you may or may not know, I also do the acrylics on canvas painting thingie (I hate the term "artist"). I guess my question is this. What are your feelings towards someone such as my self, AFTER FIRST ASKING FOR THEIR PERMISSION, using some part of or up to all an image you have created? When I have used a large portion of an image, I usually give an "inspired by" credit somewhere in the title block. I have in the past written to various artists on several of the forums (poser, bryce, etc) asking to use bits and pieces of images. Only one person has even responded, he graciously granted me permission, so let me know how ya feel on this because it would give me more insight. Thanks gang! JAck
L8RDAZE posted Sat, 26 February 2005 at 10:35 AM
Jack, So you BASE some of your acrylic work on images you see in the galleries? Hmmm...(IMO) it would not be an EXACT representation of the original piece if you used a bit of each image here & there. When painting everyone has their own style and I doubt a connection would be made to the original artwork. However, it can't hurt to ask and if you are SELLING your art, then it probably is for the best, just to CYA! When you email an artist, maybe send it with a return receipt/delivery receipt and KEEP them for your records. Just my 2.5 cents! Joe
DJB posted Sat, 26 February 2005 at 10:53 AM
I would never have a problem with it.If something I did aids another it makes me more happy than a worry about legalities. If you ever sold a work and made millions from it I would think sending the person a percentage would be a nice gesture though.LOL Maybe there are some who do not like any of the images they create being used. I can see that happening when it concerns people portraits.
"The happiness of a man in this life does not consist in the
absence but in the mastery of his passions."
Onslow posted Sat, 26 February 2005 at 11:10 AM
Sorry I can't help with the legalities - I suspect you may get a wider response if you posed this question in the: 'copyright laws forum' though.
So many things that seem innocent to me have legal complications - I'm just a bit niave in that respect I guess.
Message edited on: 02/26/2005 11:12
And every one said, 'If we only live,
We too will go to sea in a Sieve,---
To the hills of the Chankly Bore!'
Far and few, far and few, Are the lands where the Jumblies
live;
Their heads are green, and their hands are blue, And they went to
sea in a Sieve.
Edward Lear
http://www.nonsenselit.org/Lear/ns/jumblies.html
addiek posted Sat, 26 February 2005 at 11:48 AM
In the past I have had three separate people ask to use images I have posted. In each case I granted that request but asked to see the work when finished. This was out of curiosity as well as a way of tuning into what kind of work that artist did (although one, MichelleA I already knew, and, like many, have favorited!). Although I don't think we need to be judgmental, I feel that if my work was being used as a springboard for something objectionable (violence, porn &c)I can't just be a distant 'patsy' in the process. There is such a thing as 'a transferance of spirit' in art, that is one reason copyright laws exist. With the shoe on the other foot, I recently deleted 3 of my mixed media / collage images because they used Renderosity 'unapproved' stock (google search), albeit in small parts. The key to copyright was spelled out in the Mixed Medium copyright notice and I was unaware of its very broad scope. I am now vetting dozens of collages I have done that are 'unlawful'.. which is painful!!! They work beautifully in a graphic context (some use old photographs with that misty sepia tone look), but because of source they are illegal. I will probably use parts for drawings/paintings in large size (inspirational!!! but illegal to transmit!). Stick to the law, it makes you a better artist. I hope this post was helpful...
Tedz posted Sat, 26 February 2005 at 11:59 AM
I too do not refer to Myself as an Artist....a Hobbyist....and Personally I would be flattered if approached in such a Polite Manner, to "aid & abet" another. A Request asking Permission is the way to go...and...if their is no Answer to Your Request...I would assume in thinking...Request Denied....good luck with Your Quandary Jack....and Your Acrylic thang :]
cynlee posted Sat, 26 February 2005 at 12:25 PM
i was taught in art class to use reference sources if a model was not available & have scads of files of ripped out magazine pics... mostly from Nat'l Geo., if i want to get, let's say, an elephant anatomically correct... or a piece of architecture... this i consider ok... when you get into stuff that's recognizably someone else's work (or a portion of) then i think you could run into problems personally, i would be flattered, but it would depend on which image you wanted too :]
tvernuccio posted Sat, 26 February 2005 at 12:27 PM
i used to paint all the time, Jack, but this was back in the 80s. i was told way back then that it was it was NOT a copyright infringment to paint using someone's photography. and i was told it was not necessary to obtain permission. i never researched any of this myself to make sure my source was reliable, however. i was just a young kid and i guess just trusted that adult who told me. i think Richard made a good point to ask this question in the copyrights forum. i would rather be safe that sorry. personally, i would have no problem with someone making a painting from one of my works. but asking is nice...and as doug said, if you make millions from it, giving the person who inspired you a % would be a nice gesture. i like that you do give credit by saying "inspired by."
AntoniaTiger posted Sun, 27 February 2005 at 7:55 AM
There seem to have been a lot of changes in laws, and in their interpretation, over the years. And there's likely stuff which is still legal which a site such as Renderosity wouldn't want to take a chance on. So I'd agree that you need to check current law. The key point is still true. A painting, unless you try really hard, isn't a copyright infringement. But there are still trademarks, and other sorts on IP protection applied to designs, and it's now being claimed that some modern buildings are protected, and you can't just point a camera at them. And then I'm in the UK, with different laws and a different legal history. I don't think we have the same protection for somebody's face, for instance. But there is a standard "model release form"; not a law, but a contract everyone in the business uses.