Total Art Soul - for artists

sphinx321 wrote:
That's not what I was saying.

Really? Then how am I supposed to interpret:

sphinx321 also wrote:
... but generally when using a photo of a place, you must be on fairly safe ground ...

I didn't say "copying" a photo.

I've posted this link before, but it shows the issues involved. This is discussion from a legal point of view about a design for a poster taken from a photograph of a very well-known person:

www.lawfont.com/2009/02/10/obama-campaig...ster-artist-sues-ap/

and here's another, also from someone with legal knowledge:

uchicagolaw.typepad.com/faculty/2009/02/...ress-yes-he-can.html

... neither of which seem to me to come to a clear conclusion whether copyright was or was not infringed, and would only cover the US legal position in any case.

The simple solution remains ask the photographer for permission, instead of trying to find ways to justify using the photographer's work without permission, and hoping you'll be covered if the photographer takes offence.

efikim wrote:
... neither of which seem to me to come to a clear conclusion whether copyright was or was not infringed

My point exactly.

I certainly agree that it's best to ask permission.

David

I copied a photograph, almost exactly. I asked permission which I got and I credited the photographer on the back of my painting. The painting sold and I wrote to tell her. She was very happy.

I would always ask, unless it was a place/landscape, in which case, anyone can go there and take the same shot.

Well this has given me so much food for thought and I've spent every free minute today trying to find info on the rights and wrongs and legality of it all. For instance I didn't know that CMG own the rights to Marilyn Monroe's name, image, everything really so you still need their permission to use her image in a painting! I just emailed them and asked was it ok to have my illustration on my website and blog as an example of my work and they said yes! I certainly won't be stepping on anyone's toes over use of images. I still think photography and drawing\painting are different kinds of art as far as landscapes etc are concerned and wouldn't try to replicate a photo but just interpret the scene as I would it I was actually there. I'll still always ask permission though!