[IBC] bonsai in art--IMPORTANT
Michael Persiano
You need to understand something: many of us publish our work in magazines,
other's books, and our own books. As the photographers of our respective
trees, we own "rights" to these photographs.
You will need to contact each artist respectively to acquire authorization
for use. I suggest posting the images to a web site page for collective
review--at which time those with images of trees appearing on this web page can
contact you about granting permissions for their use.
Cordially,
Michael Persiano
members.aol.com/iasnob/index.html
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Jim Lewis
> You need to understand something: many of us publish our work
in magazines,
> other's books, and our own books. As the photographers of our
respective
> trees, we own "rights" to these photographs.
>
> You will need to contact each artist respectively to acquire
authorization
> for use. I suggest posting the images to a web site page for
collective
> review--at which time those with images of trees appearing on
this web page can
> contact you about granting permissions for their use.
>
Er . . . folks . . . he is PAINTING from the photos. He is NOT
using the photos of the tree for his own commercial purposes, or
claiming that the tree (or photo) is his for some other nefarious
purpose.
If someone wants to sketch Yosemite's half dome from one of Ansel
Adams' photos, he does NOT have to get permission from the Adams
estate. (And, IMHO <doubled> Adams' photos of the great outdoors
are a heckva lot closer to art than photos of bonsai. Or, for
that matter, bonsai -- but that's another discussion. ;-) Wander
through any decent art museum and you will see "artists" copying
paintings and sketching sculptures by established artists, live
and dead.
What he produces will NOT be your tree. It will be his
_rendition_ of your tree.
That is acceptable use, and each of you ought to be flattered and
grateful, rather than snippy. Sheesh!
Jim Lewis - jkl...@nettally.com - Tallahassee, FL - Get real! -
possibly attributed to Frank Zappa, noted philosopher ;-)
Henrik Gistvall
training he can paint what ever he likes as long as these paintings are
not on display or for sale. If he copys a painting he has to sign it
with his own name, to copy the artist signature is illegal. If he paints
(copy) a bonsai or a photo of a bonsai and wants to sell it he must have
the artists permission, either the bonsaiartist or the photographer, or
both! The unique composition of the bonsai or the photograph belongs to
the artist. Of course you can always alter something and then it is
almost impossible to claim the copyright, like adding a branch or two ;-).
Henrik Gistvall, Uppsala, Sweden
Jim Lewis
for
> training he can paint what ever he likes as long as these
paintings are
> not on display or for sale. If he copys a painting he has to
sign it
> with his own name, to copy the artist signature is illegal. If
he paints
> (copy) a bonsai or a photo of a bonsai and wants to sell it he
must have
> the artists permission, either the bonsaiartist or the
photographer, or
> both! The unique composition of the bonsai or the photograph
belongs to
> the artist. Of course you can always alter something and then
it is
> almost impossible to claim the copyright, like adding a branch
or two ;-).
>
> Henrik Gistvall, Uppsala, Sweden
Or a background, or a slightly different color, or . . . or . .
.or . . . or putting a bonsai in an imagined setting, or . . . ad
infinatum.
I can't imagine that anyone who calls himself a painter would
simply do a painting that was a photographic rendition of just a
bonsai-on-a-stand and then go on in the same breath to call
himself an ARTISTE'. And then to assume further that they'd try
to sell it -- or that anyone would want to buy it --simply
boggles the mind. (But then, folks buy velvet Elvises, so I
suppose there's no accounting for "taste".)
I dunno. People are taking this request to absurd extremes. The
copyright law is one of the few fairly well-written laws on the
books (probably because folks who actually seek copyright on
their materials had a hand in it), in that it actually makes
occasional sense. I have had a couple of books under copyright,
a good number of articles, and at one time not a few photos, and
feel that much ado is being made here of dang little.
As far as a bonsai goes, the tree itself is gonna look different
in two weeks, or two months, or two years anyway. I guess the
"artist" has a moving copyright. So if you paint it now, then
wait before unveiling it . . . ;-)
Once again, sheesh!
Jim Lewis - jkl...@nettally.com - Tallahassee, FL - "People,
when Columbus discovered this country, it was plum full of nuts
and berries. And I'm right here to tell you the berries are just
about all gone." -- Uncle Dave Macon, old-time musician
Michael Persiano
henrik....@SWIPNET.SE writes:
> If he paints
> (copy) a bonsai or a photo of a bonsai and wants to sell it he must have
> the artists permission, either the bonsaiartist or the photographer, or
> both!
I agree; however . . .If the photographer received permission to (1) shoot
the tree (whether it is his tree or another's) and (2) use it for the purpose of
publication (book, magazine, web, etc.), the rights are FULLY owned by the
photographer.
Listen . . . he should simply get permission from the photographer (who is
almost always the artist).
Cordially,
Michael Persiano
members.aol.com/iasnob/index.html