Re: Re: Creative Freedom - or Copyright Infringement

Subject: Re: Re: Re: Creative Freedom - or Copyright Infringement

Comments:
: Dear M. Arthur Auslander; : Thank you for writing back. : Well, let me provide more detail: : The original artist in question is Victor Ostrovsky. : You can find his work here: : http://www.ostenart.com/ : And recently I was on an auction-based web site selling general duplicates of his work on the web site. They were 90-95% copied. One of the other differences is that they are a lot smaller than the original. : I was wondering if people are allowed to copy others works, and whether or not it's legal to do so. : Thanks, : Doug : : _________________________________________________ : : : Hello, : : : I was hoping someone can help me get an answer to a question I have and make sense of the finer points of the Copyright Act and laws. : : : If a person creates a painting, and is recognized as the artist of the picture, can someone else duplicate the picture by looking at it and resell it? : : : What if the duplicate is not an EXACT copy? What if it's changed in minute ways... let's say the duplicate is 90% - 95% of the original? And then is sold? : : : Is this legal? : : : Sometimes these dupes are called "After-Market" paintings? What are the legal ramifications? Are these painting legal? : : : Thanks, : : : Doug : : Dear Doug, : : There are factors to be concerned with also such as the copyright notice, copyright registration and the law of unfair compeition. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : : ________________________________________________

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