Copyright - Use of Images To Create Artwork
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Posted by John F. Humen on January 31, 2000 at 22:55:30:
I hope it's all right if I contact you directly with some questions about copyright law. You seem to be knowledgeable in this area judging from your responses on the "intelpro.com" list server. If you do not want to provide any insight please don't bother. Question #1. Among other things I create original artwork in various media. Mostly I work with pencil, charcoal and watercolor. Over time I have developed a working method that includes the use of copyrighted photographs as more or less a "base" to work from. I certainly am not in the business of COPYING anything, but will use the material as a basic reference point and then add my own artistic value and interpretation. What I come up with can, at times, be recognizable if compared to the original copyrighted work. The question is, am I infringing on anyone's copyright in this area? I was always under the impression that if Andy Warhol or Leroy Neiman can do it, so can I. It's just that lately I've sold a bunch of stuff and stand to sell a lot more and more as time goes on. Question #2. Suppose the same artist (me!) decided to create a series of originals based on celebrity images. Some really popular names out there: Elvis! Princess Diana! You get the picture. I understand that ripping off patented "characters" such as Barney or a Disney character is off limits, as well it should be; but I'm just talking celebrities. The question then becomes, am I free to make and sell an original work of art depicting the image of a celebrity? Thanks for your help in advance.
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