Re: Re: Re: Creative Freedom - or Copyright Infringement
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Posted by M. Arthur Auslander on June 12, 2003 at 21:33:02:
In Reply to: Re: Re: Creative Freedom - or Copyright Infringement posted by Doug Ford on June 12, 2003 at 03:10:54:
: Dear M. Arthur Auslander;
: Thank you for writing back.
: Well, let me provide more detail:
: 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.
: : : 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,
: : M. Arthur Auslander
Dear Mr. Ford,
The copyright law also includes criminal liability. Fortunately it seems as if that is not that often invoked, unless there is overt counterfeiting.
You may not be caught but if you are and are in court you are in trouble. You may get away lightly if it is a small operation and you are not a principal in the creation of the copies.
M. Arthur Auslander
The Intellectual Property Law Server
Old Copyright Forum