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Re: Re: Re: Re: Creative Freedom - or Copyright Infringement[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ] Posted by Doug Ford on June 12, 2003 at 23:47:17: In Reply to: Re: Re: Re: Creative Freedom - or Copyright Infringement posted by M. Arthur Auslander on June 12, 2003 at 21:33:02: Dear M. Arthur Auslander; I had to smile about your comment, "You may not be caught but if you are and are in court you are in trouble. " I am not the person trying to copy anything... The reason I am asking is that I saw some paintings online that are 95% copied from the original artist and I was wondering whether or not they are legal... and whether or not I should buy them. The lithographs go for $2700 and these little knock-offs go for $20. But if they are illegal.. then I would rather report them to the online site selling them than buy anything from them. That's all I am looking for. Whether or not these knock-offs are legal and if it's legal for what this little company is doing. Thanks, Doug
: : 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. : : Thanks, : : Doug : : : : : : 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
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