Re: changing art work

Subject: Re: Re: changing art work

Comments:
: : The editor (Alice Korach) of Bead & Button Magazine claims in their internet forum that one has only to change a piece of art work by 10% to claim a new copyright on the piece: : : http://www.beadandbutton.com/bnb/community/forum/forum.asp?FORUM_ID=3&CAT_ID=3 : : She claims that their lawyers told her this. Everything that I've read says "substantial similarity" means infringement. There are no magic numbers or precents. What's your take on this and would you share it with Ms. Korach via their forum? : How substantial must the changes be to an existing piece of artwork before a new copyright to the altered piece can be established & then sold? : I've heard figures ranging all the way from 10% to 'seven significant changes' : Dear Jeanette - : You are correct, Ms. Korach is not. : In truth, it's not the differences between two works that counts. . .it's the similarities. : When a work bears a substantial similarity such that it represents an unauthorized use or taking of copyrighted material, an infringement action will likely be validly supported. In other words, merely changing a few components even 50% or more, will not protect against infringement if the artist of the new work is building on the foundational work of another - by copying their work without permission. : The 98% rule, the ten percent rule, and the seven significant changes rule are all urban myths that pop up online, but they don't teach in law school. : When an Artist legally alters an existing work of art, (e.g., by painting a mustache on the Mona Lisa) the Artist does not claim a copyright to the underlying work, but instead, properly disclaims any such copyright and thereby obtains a copyright only in the DERIVATIVE WORK. : Thus, the Artist may claim a copyright only in the changes (and the resulting expressive impact of such changed work). : In his painting "Stars & Stripes" American Artist Jasper Johns does not obtain rights to the Old Glory design sewn by Betsy Ross, but rather only may copyright the expressive aspects of his representation of the flag on canvas. : His resulting "derivative work" does not protect the subject matter of the flag, only his own creative expression contained in his unique representation. : Indeed, to obtain a legal copyright himsel, the newcomer must disclaim all credit for the underlying work. : For more information about copyrights - come visit the pros at www.copyrightpros.com

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