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   Author  Topic: Making An Art Instructional Video  (Read 966 times)
Curious007
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Making An Art Instructional Video
« on: Dec 21st, 2006, 6:11am »
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I am wanting to use a semi-famous artist's image to make an instructional "how-to" painting video, and was wondering if, since I was actually re-rendering the image ( interpretation of the image), can I actually make the video and mass produce it without his/her consent? I have tried contacting their pr person with no success. I am thinking its ok as long as I mention who the artist is, and also thinking its ok since it is not a direct scanned or altered copy, but an actual rendition of the image. I also do not think the image is copywritten via it was a loose sketch by the artist. Am I in violation since this is an artistic interpretation? The sketch was black and white and I will add color. Thanks!  
 
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JSonnabend
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Re: Making An Art Instructional Video
« Reply #1 on: Dec 21st, 2006, 8:50am »
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If the work in question is still under copyright, then none of the facts you've mentioned would likely avoid copyright infringement for your use of the artwork.  Whether or not the use might be "excused" as fair use is an open question, but I wouldn't bet on it if I understand your facts correctly.
 
Your safest course of action would be to discuss this directly with an attorney prior to committing to the use of the work in yours.
 
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SonnabendLaw
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pg1067
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Re: Making An Art Instructional Video
« Reply #2 on: Dec 21st, 2006, 9:26am »
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I agree with the prior response.
 
In addition to copyright issues, what you propose may also be infringing the artist's right of publicity (i.e., nonconsensual use of someone else's image for a commercial purpose).  Laws regarding the right of publicity are state-specific, and not every state has expressly recognized the right.  I suggest you seek advice from a local attorney.
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JSonnabend
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Re: Making An Art Instructional Video
« Reply #3 on: Dec 21st, 2006, 11:58am »
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on Dec 21st, 2006, 9:26am, pg1067 wrote:
I agree with the prior response.
 
In addition to copyright issues, what you propose may also be infringing the artist's right of publicity (i.e., nonconsensual use of someone else's image for a commercial purpose).  Laws regarding the right of publicity are state-specific, and not every state has expressly recognized the right.  I suggest you seek advice from a local attorney.

I hadn't thought about right of publicity.  When I read "artist's image", I thought "artist's work" (i.e., an image created by the artist, not of the artist).
 
If the image is of the artist, the copyrights in question in all likelihood belong to the party who created the image (e.g., the photographer in the case of a photographic image).  
 
The right of publicity (and privacy, to the extent that applies here at all) is altogether a different animal from copyrights.  Whether or not your use of the individual's image violates rights of publicity depends in large part on how you use the image.  If the image is not promoting a product, cause, etc., for example, it likely steers clear of rights of publicity issues in most jurisdictions.
 
- Jeff
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SonnabendLaw
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Curious007
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Re: Making An Art Instructional Video
« Reply #4 on: Dec 22nd, 2006, 7:02pm »
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Sad So how much does royaltys in something like this cost?
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