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   Author  Topic: Copyright on painting  (Read 3903 times)
Gavin
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Copyright on painting
« on: May 1st, 2006, 11:04pm »
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I saw some paintings on the internet of half of a woman's face.  It inspired me to create my own designs of half of a woman's face.  Out of friendship I asked her if she minded if I posted pictures of them on the internet.  She replied with this:
 
 
"i'm fine for you to have them in your own house, but i would suggest not publishing them everywhere.  
my goddess artwork is licensed and copyrighted, and my publishers are very stringent in ensuring their exclusivity."
 
 Roll Eyes  I seriously find it very hard to believe that just because she painted half of a face NO ONE ELSE IS ALLOWED TO DO THAT??  To me, that would be like saying no one can paint the beach because someone already did it.
 
My ideas for the paintings are MINE!!  I saw her technique (over the computer, not in real life, so I still had to figure it out and experiment myself, it only gave me some ideas of how to work it) and used it in painting mine, but every artist does that.  I saw techinques she used, used by others as well which she 'stole' from them.
 
Can someone explain this to me?  Thank you.
 
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JSonnabend
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Re: Copyright on painting
« Reply #1 on: May 2nd, 2006, 7:01am »
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Copyright does not protect ideas, so the idea of a painting of half a woman's face is not "copyrightable".  Likewise, particular techniques in and of themselves are not protected by copyright.  
 
If you are copying the particular work of the original artist to learn her technique, then you very well may be infringing her copyright.  The safer approach is to paint a different face utilizing the artist's technique, perhaps from a photograph you took, rather than trying to recreate the original artist's painting.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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Gavin
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Re: Copyright on painting
« Reply #2 on: May 2nd, 2006, 12:01pm »
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I'm not trying to re-create her work.  Believe me, I couldn't.  The women I drew look different than hers.  I think our work could be told apart.  The only thing that is the same is that it's half of a face or the fact that I placed a jewel between her 'eyes' or that her eye is closed.  
 
What I did was look at hers and see how a nose could be drawn or the shape of lips or how hair would d**** down the face.  Really I used it as guide in drawing the human face.    
 
So I'm okay then as long as I didn't COPY her original work and my original work is noticeably different?  
 
Thank you for your help!   Grin
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JSonnabend
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Re: Copyright on painting
« Reply #3 on: May 2nd, 2006, 12:04pm »
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Quote:
o I'm okay then as long as I didn't COPY her original work and my original work is noticeably different?

Well, that's the crux of the inquiry right there.  As long as you didn't copy the original work (or at least not protectible elements), you haven't violated any copyrights.  What is hard to tell from your description is whether or not you've crossed that line.  The "noticeably different" part is really not germane.
 
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
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JSonnabend@SonnabendLaw.com
Gavin
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Re: Copyright on painting
« Reply #4 on: May 2nd, 2006, 12:07pm »
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protectible elements?  such as?
 
a dot and a roundish line for a nose?
 
what about a roundish line for a closed eye?
 
The hair I create is different than hers.  I cannot re-create her technique.  I like my own anyway.
 
thanks for all the help by the way
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