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   Author  Topic: photographs and artwork  (Read 1065 times)
gocougz
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photographs and artwork
« on: Dec 28th, 2005, 1:34pm »
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Okay, I've read through several posts similar to mine but need a more straightforward answer.  
 
I'm an artist who draws what he sees, I do portraits and landscape/wildlife art. My problem is I don't have the means or the time to travel to get photographs of exotic places and/or wildlife in it's indigenous environment. If I found a photo of a place or animal that someone took, say on the internet or in a magazine, and I painted it and sold it or sold prints of it, would that be infringement?
 
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Isaac
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Re: photographs and artwork
« Reply #1 on: Dec 28th, 2005, 4:00pm »
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Quite possibly the described activity could contribute infringement.    A photo would contain copyrightable and non copyrightable aspects.  Aspects of the photo that reflected creative choice by the photographer such as lighting, angles and perspective, what is in focus and what is not might all by copyrightable elements.  Duplicating them in your own work, absent some exception might could be actionable.
 
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Isaac
JSonnabend
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Re: photographs and artwork
« Reply #2 on: Dec 29th, 2005, 7:43am »
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I'll go a little farther out on a limb than Isaac.  I think, based on your description of what you intend to do, your use of the photographs would constitute copyright infringement that would not be excused as fair use.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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alekone
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Re: photographs and artwork
« Reply #3 on: Dec 31st, 2005, 5:11am »
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I agree with you that gocougz's action could be an infringement.
but I wonder: when does it become a new work? if the "creative spark" is enough, isn't the painter creating an artwork that is not linked anymore with the original?
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Isaac
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Re: photographs and artwork
« Reply #4 on: Dec 31st, 2005, 7:10am »
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A creative work based on another creative work in the way described here is a derivative work.  Permission from the copyright owner of the base work is required just to create a derivative work.
 
I don't think that leaves any room for a dilution theory where a second person's creativity extinguishes the first person's rights.
 
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Isaac
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