The Intellectual Property Law Server

Welcome, Guest. Please Login or Register.
Oct 17th, 2019, 2:18pm

Forums Forums Help Help Search Search Members Members Calendar Calendar Login Login Register Register
   Intellectual Property Forums
   Other
   Copyright Forum
(Moderators: Forum Admin, JimIvey, JSonnabend)
   Copyright of a painting
« Previous topic | Next topic »
Pages: 1  Reply Reply Send Topic Send Topic Print Print
   Author  Topic: Copyright of a painting  (Read 753 times)
abcdefghijkl
Guest
Copyright of a painting
« on: Jan 11th, 2006, 9:45am »
Quote Quote Modify Modify Remove Remove

I have created a painting that i would like to have registered for copyright protection.  What would I send into the copyright office, a print of the painting, a picture of the painting or what?  And what scope of protection do I get?  Would another artist's painting of my painting be infringing? For example, if I painted a picture of a barn that is by my house, I know others can paint pictures of the same barn, but can they:
1. do it from the exact same angle as me;
2. do the same picture (i.e. include a bird in the same spot on the painting);
3. can they paint their own version of my painting based on my painting and not the barn;
4. can they basically copy my painting with different colors;
5. can they paint the same thing but have the barn door closed instead of open in the picture?
 
Maybe what I am asking is, is it really worth it to register when there are not numerous prints being distributed worldwide?
IP Logged
Isaac
Senior Member
****




   


Posts: 3472
Re: Copyright of a painting
« Reply #1 on: Jan 11th, 2006, 10:02am »
Quote Quote Modify Modify

Another artist most likely can go back to the barn and use pretty much the same angle and put in a bird in pretty much the same spot without infringing.
 
If instead they painted those things by copying from your picture even using different colors or closing the barn door, then most likely their work would infringe the copyright in your picture.
 
The deposit requirements for various types of works can be found at the Copyright Office's web page
 
http://www.copyright.gov.
 
IP Logged

Isaac
JSonnabend
Moderator
Senior Member
*****




   
Email

Posts: 2251
Re: Copyright of a painting
« Reply #2 on: Jan 12th, 2006, 12:32pm »
Quote Quote Modify Modify

on Jan 11th, 2006, 10:02am, Isaac wrote:
Another artist most likely can go back to the barn and use pretty much the same angle and put in a bird in pretty much the same spot without infringing.

 
Is it copyright infringement to recreate the subject of a painting in order to create a new painting?  That's an interesting question, and I'm not sure whether I agree with Isaac's answer or not.  
 
I imagine one might call a painting's subject and particular composition the idea underlying the painting's expression, but in practical terms, might one successfully argue that the painter, after having seen the original painting, couldn't help but copy it, even if unintentially?  In the academic sense, I think Isaac is correct, I just question whether the answer is valid in a practical sense.
 
- Jeff
IP Logged

SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
Isaac
Senior Member
****




   


Posts: 3472
Re: Copyright of a painting
« Reply #3 on: Jan 12th, 2006, 12:50pm »
Quote Quote Modify Modify

I vaguely recall a case we covered in law school where a photographer took a picture of a model in a certain pose, assigned the copyright, and then years later when he tried to recreate the photographs, his nearly but not quite identical picture of the slightly, but visibly older model was found to infringe the copyright in his own past work.   I think as it turned out, the original artist was the only person on earth who could not legitimately have created the photo.  IMO the copyright on photographs are much thinner than those on paintings, and thus it is even more likely that duplicating a painting would result in infringement.
 
Jeff is correct that proof problems might be an issue, and might well make my answer purely academic.   I think a painter could improve his case if he took a photograph and worked by referencing the photograph so that similarities would be attributed to the photo (and reality) rather than copying from the original.  
 
The issues are similar to those associated with former programers leaving employment and creating programs functional similar to ones created for their boss.
 
 
IP Logged

Isaac
Pages: 1  Reply Reply Send Topic Send Topic Print Print

« Previous topic | Next topic »
Powered by YaBB 1 Gold - SP 1.3.2!
Forum software copyright 2000-2004 Yet another Bulletin Board