Re: Re: Re: Re: Re: Creative Freedom - or Copyright Infringement
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Posted by Doug Ford on June 12, 2003 at 23:51:38:
In Reply to: Re: Re: Re: Re: Creative Freedom - or Copyright Infringement posted by Doug Ford on June 12, 2003 at 23:47:17:
: I had to smile about your comment, "You may not be caught but if you are and are in court you are in trouble. "
: 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.
All I am looking for is a simple answer... is the company selling these knock-off paintings doing something illegal. Yes or No.
: : : 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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