Re: Copyright - Use of Images To Create Artwork
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Posted by M. Arthur Auslander on February 01, 2000 at 06:05:16:
In Reply to: Copyright - Use of Images To Create Artwork 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. There is limit as between feiendly answers and just dispensing legal advice from which I make a living. Basically Trademarks sucn as Campbells are not coved by copyright. Warhol did not infringe the trademark. I don't know the work of Neimam M. Arthur Auslander ELAINE's Workshop (sm) E arly L egal A dvice I s N ot E xpensive Auslander & Thomas-Intellectual Property Law Since 1909 505 Eighth Avenue, New York, NY 10018 212-594-6900, fax 212-244-0028, aus@auslander.com
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