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11/12/2006 01:15:42 PM · #1 |
My mom, Dianna, is an oil on canvas painter. One of my favorite works
of hers is the image below. She painted this from a 'how to' book. She changed it a little to add us 3 kids. I'm not sure how much of the image itself is changed. She doesn't believe its 30%. I photographed it to make digital prints and note cards. I added the text. We are not sure about if we should proceed with the print plans on this image or not. I would really hate to abandon this image, as its a beautiful painting. She thought since it was a 'how to' book, that it might be possible. I'm doubting that. What do you all think?
PS. I am the one on the shore in the purple dress. Its my favorite color.
Edited to add the image!
Message edited by author 2006-11-12 13:17:21.
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11/12/2006 01:24:52 PM · #2 |
A good general rule of thumb is that, if you have to ask if it's an infringement, it probably is.
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11/12/2006 01:59:57 PM · #3 |
| I'm not a lawyer, but I would think that it's more like a derivative work than anything subject to copyright. |
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11/12/2006 03:01:41 PM · #4 |
Originally posted by Spazmo99:
I'm not a lawyer, but I would think that it's more like a derivative work than anything subject to copyright. |
Derivative works are subject to copyright.
~Terry
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11/12/2006 03:08:14 PM · #5 |
I'm not sure but that is beautiful!!
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11/12/2006 05:04:13 PM · #6 |
| Is there any chance of obtaining permission from the copyright holder? |
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11/12/2006 05:16:32 PM · #7 |
Check the 'how-to' book. Chances are it contains a legal blurp stating the legal issues such as this.
David
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11/12/2006 05:34:10 PM · #8 |
Originally posted by ClubJuggle:
Originally posted by Spazmo99:
I'm not a lawyer, but I would think that it's more like a derivative work than anything subject to copyright. |
Derivative works are subject to copyright.
~Terry |
Well, shows what I know about such things.
Good thing I'm not an IP lawyer.
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11/12/2006 06:52:04 PM · #9 |
Originally posted by Tlemetry:
My mom, Dianna, is an oil on canvas painter. One of my favorite works
of hers is the image below. She painted this from a 'how to' book. She changed it a little to add us 3 kids. I'm not sure how much of the image itself is changed. She doesn't believe its 30%. I photographed it to make digital prints and note cards. I added the text. We are not sure about if we should proceed with the print plans on this image or not. I would really hate to abandon this image, as its a beautiful painting. She thought since it was a 'how to' book, that it might be possible. I'm doubting that. What do you all think?
PS. I am the one on the shore in the purple dress. Its my favorite color.
Edited to add the image! |
Are you going to sell the cards and prints? For private use how would anyone know you used it?????????
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11/12/2006 07:55:13 PM · #10 |
   
are these derivatives? did they get away with it? Did she look at a painting and make an EXACT copy? No she added MAJOR elements and made it her own. And she made it from a self-help book!!!
I think your fine,
But i'm not a lawyer
Message edited by author 2006-11-12 19:55:29.
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11/13/2006 12:15:17 AM · #11 |
| You might want to check out this article in the NY Times (free registration may be required). |
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11/13/2006 12:27:43 AM · #12 |
Good idea on requesting permission from the book. I will call her and see if she has the book or know how to obtain the info.
Yes, we are wanting to sell the prints and cards. If I can't find the book, we will probably scrap this image from the list.
Thank you everyone for your assistance.
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11/15/2006 07:19:10 PM · #13 |
There's no set % nor number of things that you can change to make it not a derivative.
If you can tell it originated from another work, it is a derivative and you are are liable to be sued for using another's work.
Message edited by author 2006-11-15 19:20:05. |
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11/15/2006 08:21:20 PM · #14 |
Not if it's a parody...
Originally posted by arefuge:
There's no set % nor number of things that you can change to make it not a derivative.
If you can tell it originated from another work, it is a derivative and you are are liable to be sued for using another's work. |
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11/15/2006 10:09:56 PM · #15 |
Just to talk about another aspect of the card here, I would suggest the reference text read "Psalm 23" instead of the plural. Psalms is a collection of psalms, and Psalm 23 is a particular one. Just a little grammatical pet peeve of mine...it's probably not a hard and fast rule, but it seems to make more sense this way.
Or maybe it could read "Psalm 23: 2-3"
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11/19/2006 09:58:02 PM · #16 |
It is a nice painting.
If you plan to sell prints and cards why not go out and find a similar looking setting and photograph that. Then have your mum use the photo as a guide to paint into the art piece she wants. Now the only copyright violation is your mum encroaching on your copyright.
Done this way, you have peace of mind and no worry about people coming after you for violations. You can sell your reproductions in any form.
Good luck.
Henry
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11/19/2006 10:08:20 PM · #17 |
May I please say, respectfully, it isn't copyrite, or copywrite, its copyright. Sorry, a pet peeve. :)
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11/19/2006 10:13:49 PM · #18 |
Originally posted by idnic:
May I please say, respectfully, it isn't copyrite, or copywrite, its copyright. Sorry, a pet peeve. :) |
Aye, copywrite is totally different from copyright.
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11/19/2006 10:17:57 PM · #19 |
Yep, gotta agree. . .
Google says that CopyWrite is the award-winning project manager for writers of all kinds, brought to you by Bartas Technologies. :)
Do you people carry a pocket dictionary with you at all times like I do? :)
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11/19/2006 10:19:10 PM · #20 |
Originally posted by EBJones:
Yep, gotta agree. . .
Google says that CopyWrite is the award-winning project manager for writers of all kinds, brought to you by Bartas Technologies. :)
Do you people carry a pocket dictionary with you at all times like I do? :) |
Naw, that's what the Rhetoric degree is for ;-)
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11/19/2006 10:23:54 PM · #21 |
That may be true, but before there was a computer program a copywriter was the person who writes all the copy for ads, product packaging, etc. but not usually journalistic or material that is found in magazine articles or books, although it is often referred to as copy. Occasionally copywriters get to write or refine the header too but usually the Creative director comes up with it and has the copywriter do all the other stuff. There are college classes on copywriting (been to a few) and there are also classes on copyrights! Now copyrite, however is just a misspelling of one of the other two versions! ;-)
Originally posted by EBJones:
Yep, gotta agree. . .
Google says that CopyWrite is the award-winning project manager for writers of all kinds, brought to you by Bartas Technologies. :)
Do you people carry a pocket dictionary with you at all times like I do? :) |
Edit: I am NOT a typist!
Message edited by author 2006-11-19 22:24:40. |
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11/19/2006 10:25:31 PM · #22 |
| Now that the thread has been totally on the side track for a bit.... that is lovely painting! |
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11/22/2006 12:19:42 AM · #23 |
ok, so I misspelled a few words.
Thank you all for your replies.
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