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Author Topic: Painting from someone Elses Photograph (copywrite infringement)?  (Read 2695 times)

patindaytona

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I always post my finished painting on facebook.    The one I'm doing now of the 3 birds was taken from someone else's photograph they posted a few weeks ago on facebook.      Now I'm wondering if I should post my painting of someone elses photo.    It's probably not copywritted, but does copywrite apply to paintings of someone's photo also? I know it applies usually to using someone elses photo for making money...but this is a painting.
The moment you find yourself mostly satisfied with a painting and think you'll "just quickly" do this or that, that's the moment to stop completely. Take the painting off your easel and put it aside for at least 24 hours, then reassess whether it really needs that tweak.


dennis

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It would be answered by taking a look at this link below:

http://paintbasket.co.za/copyright.htm

Although it is the South African Copyright Act it contains I would say approx 85% of what is in other countries act. It still gives you a good guide.
You are what you THINK about - Napoleon Hill


patindaytona

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Ok Dennis. Read some. Some enough to know better to not post it back on facebook.  Many artists paint from magazine photos. Don't know about that. I sold one of my photos in frame a couple months ago in a local gallery to one of the art teachers there...I'll always wonder if he painted it. High probability that I'll never know...and this is just across town. As long as I don't place my painting on the same site I'm fine.
The moment you find yourself mostly satisfied with a painting and think you'll "just quickly" do this or that, that's the moment to stop completely. Take the painting off your easel and put it aside for at least 24 hours, then reassess whether it really needs that tweak.


patindaytona

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If I was painting a pic of say, the 3 birds I did, or now....a pic of a lotus flower,   can a person really prove you copied his photo since it's a painting? Maybe I painted a photo that looks very very close to his copywrited photo, but it's not a photo..it's a painting. It's not a perfect replication.
The moment you find yourself mostly satisfied with a painting and think you'll "just quickly" do this or that, that's the moment to stop completely. Take the painting off your easel and put it aside for at least 24 hours, then reassess whether it really needs that tweak.


dennis

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Because I do not have the available time I don't want to get too deep into discussions about copyright at this point in time but most copyright acts say that the any photographs or original paintings are automatically the copyright of the author. Any unauthorized copy of any sort from the work of that author is an infringement of his/her/their rights.

There is a tremendous amount of this happening all over the world and some authors either don't know that their work is being copied or they have turned a blind eye to it. If the author decides to take action then the consequences can sometimes be catastrophic.

Just changing a colour or a small portion of the subject is definitely not enough. Neither is making a painting from a photograph. Most acts say the the painting has to be SUBSTANTIALLY different from the original being copied from - and that is where the contention lies. The onus is on you to make that difference.

Direct copies is only permitted when the authors have given their written and dated permission or when it is used in a class situation for the purposed of training.

Nolan mentions this in his Live Online Portrait Class and gives the recognition where required. He also gave a warning.
If you make a painting from a photograph or someone else's painting then you HAVE to give recognition, otherwise you could be liable for purgery. When you sign the painting you are then claiming it as your very own work of art.

TO ALL ON THE FORUM: Please read and study this carefully. I have commented on the Copyright Act in very layman terms for easy understandability.

http://paintbasket.co.za/copycomment.htm
« Last Edit: October 30, 2011, 10:27:56 AM by dennis »
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patindaytona

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Sure is alot of beautiful photos out there. What about pic from a magazine? I hope I don't get myself in trouble over Marilyn.
I don't plan to sell most of my paintings...at least not yet. If someone took a photo of a redwood tree in Yosemite national park, I'd get in trouble for painting it? Some things are vague like that. Others not.
Now I feel like a criminal.
The moment you find yourself mostly satisfied with a painting and think you'll "just quickly" do this or that, that's the moment to stop completely. Take the painting off your easel and put it aside for at least 24 hours, then reassess whether it really needs that tweak.


dennis

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If you paint for yourself then you have nothing to worry about.
You are what you THINK about - Napoleon Hill


patindaytona

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Where does everyone here get their photos from? Where are some good sources?
The moment you find yourself mostly satisfied with a painting and think you'll "just quickly" do this or that, that's the moment to stop completely. Take the painting off your easel and put it aside for at least 24 hours, then reassess whether it really needs that tweak.


Gloria

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Nolan, sorry to keep on with this copyright issue, but I have a question. What about the thousands of art instruction books that are sold in the stores and which contain examples of paintings showing the different techniques. Is the student allowed to copy but not frame or display. Or not to copy at all and compose his own. I have quite a collection of these books and have copied several and framed them. I have not sold though.


thegrindre

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Pat, if you didn't take the original picture yourself then it's not yours. Ya gotta think of it that way. Ya can't copy and sell without permission. Ya gotta respect the original artist/author.
There's a lot of mumbo jumbo in the law but just keep it simple. If it ain't yours, then it ain't yours.  ;)
« Last Edit: October 30, 2011, 07:14:32 PM by thegrindre »
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Anya

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Reply #10 on: October 30, 2011, 07:11:59 PM
Pat, Wet Canvas has a really huge copyright free reference library.


thegrindre

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nolan

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Reply #12 on: October 30, 2011, 11:21:46 PM
Gloria, in the front of each of those art books you will find the copyright notice. Each author decides their own terms, so not all are the same.

What we need to remember is that a photo is also a work of art. So when you see a photo think of it as a painting.

You wouldn't copy somebody else's painting and then go sell it would you?


liz

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Reply #13 on: October 31, 2011, 08:04:25 PM
Just want to say I agree with what Dennis and Nolan said re copyrighted photos and the use of someone else's art work!  Hands off is a good policy!  Take your own pictures, create your original compositions, or if a personal friend or relative gives you a photo, paint the picture for them and give it to them and/or ask if it's okay if you make yourself a copy. :gl2: :painting:


Kelley

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Reply #14 on: October 31, 2011, 08:49:51 PM
For the seascape painting I did earlier this year I communicated with the photographer I found on-line.  She gave me permission to paint it.  I gave her a courtesy photo of the painting when I was done.  Although the painting didn't look much like the photo (I used it as a concept and to mix colours), she was very happy with the results and congratulated me on the painting.  I imagine she would not have been happy if I had not asked first as it isn't  flattery to copy, but theft.  It is a reason why I try my best to either use my imagination, take my own photographs, get the photos from public domain (or in our case here "classroom material") or as a last resort ask permission from the photographer or other source.  If not allowed I move on.
Kelley


 

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