Copyright Question

[Michael Hoza]

I often paint from photographs I find in magazines. While these paintings are
not super-realistic they are often quite representational. Do I need
permission to sell a painting based upon someone else's photograph?
If so, how can I tell what is in the public domain?

Thanks in advance

I realize this has likely been covered before, does this group have an
archives?

[rot...@sff.net]

In article <hoza.2.43...@osu.edu>,

hoz...@osu.edu (Michael Hoza) wrote:
>
> I often paint from photographs I find in magazines. While these paintings
are
> not super-realistic they are often quite representational. Do I need
> permission to sell a painting based upon someone else's photograph?

Yes. Copyright includes items derived from the original. You need to ask.

> If so, how can I tell what is in the public domain?

If it's less than 75 years old (and sometimes older), the odds are that it's
copyrighted. No easy way to be sure if something is in PD other than asking
the author.

--
Chuck Rothman
http://www.sff.net/people/rothman

-----== Posted via Deja News, The Leader in Internet Discussion ==-----
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[Ninguno]

hoz...@osu.edu (Michael Hoza) wrote:

>I often paint from photographs I find in magazines. While these paintings are
>not super-realistic they are often quite representational. Do I need
>permission to sell a painting based upon someone else's photograph?

>If so, how can I tell what is in the public domain?

Chances are that if you saw it in a magazine, it's copyrighted. I'd
be surprised to find anything other than that. There is usually a
small print page that mentions such things.

I believe you can use copyrighted material as "reference" -- that is,
to see what something looks like.

If you want to do a "representational" painting and then try to
copyright the painting, you probably should get a release from the
owner of the original copyright.

[UNEEDINFO]

I, too, paint from pictures that I have found in magazines, but I change them
up so much that often the only original thing left is the pose. I change them
from Black to White, from male to female, from young to old, change the style
of dress, and the hairstyles, and many other variables. Does anyone know if
there is a copyright infringement in this? I need to know asap because I am
about to begin making prints. Thanks,,,,,,,,
Peace, Love, and Light,
Brig
When we reach the last of all the light we know, we must believe one of two
things will happen: we will be given something solid to stand on, or we will be
taught to fly.

[Leigh Kimmel]

In article <199803261504...@ladder01.news.aol.com>
unee...@aol.com (UNEEDINFO) writes:

> I, too, paint from pictures that I have found in magazines, but I change them
> up so much that often the only original thing left is the pose. I change them
> from Black to White, from male to female, from young to old, change the style
> of dress, and the hairstyles, and many other variables. Does anyone know if
> there is a copyright infringement in this? I need to know asap because I am
> about to begin making prints. Thanks,,,,,,,,
> Peace, Love, and Light,

I'd think that level of changing would be enough to demonstrate that
you're using the source pictures as references, rather than preparing
derivative works from them. I use photographs of people when I'm doing
some of my furry (anthropomorphic animal) art, but I figure that the
human/animal morphing is enough to distance my work from the original

"I have a right to be blind sometimes... I really don't see the
signal!"
-- Admiral Lord Nelson

Leigh Kimmel -- writer, artist and historian
kim...@siu.edu http://members.tripod.com/~kimmel/lhkwebpage.html
Listowner of Virtual Selyn, the Sime~Gen mailing list,
sime...@siu.edu
Ask me how to order the new Sime~Gen novel

[Don Smith]

In article <199803261504...@ladder01.news.aol.com>, unee...@aol.com (UNEEDINFO) wrote:
>I, too, paint from pictures that I have found in magazines, but I change them
>up so much that often the only original thing left is the pose. I change them
>from Black to White, from male to female, from young to old, change the style
>of dress, and the hairstyles, and many other variables. Does anyone know if
>there is a copyright infringement in this? I need to know asap because I am
>about to begin making prints. Thanks,,,,,,,,
>Peace, Love, and Light,

> Brig

There's some good books that cover copyright in the "Commerical & Stock
Photography" section of:
http://www.oneworld-design.com/bstore.html

Don

[Michael Coble]

Michael Hoza wrote:
>
> I often paint from photographs I find in magazines. While these
> paintings are
> not super-realistic they are often quite representational. Do I
> need
> permission to sell a painting based upon someone else's photograph?
> If so, how can I tell what is in the public domain?

Copyright law in this area is vague. Essentially it would be considered on a
case by case basis. Everything about the modern world is highly copyrighted,
but the gist of the copyrights do not extend into every realm. Say, there is
a photo of a photo realistic painting of a beautiful Hotel in a magazine. Can
you go to an architect and request a replica? Is this a copyright
infringement if you use it for a commercial establishment?

If you take a scan of a magazine photo, and then reprint it in another
magazine, then you will certainly come up against copyright laws. To use a
photo in a magazine as an inspiration for a painted work of art? This would
probably not be viewed as a copyright infringement. Now how about if you took
a photo of your photo realistic painting whose inspiration comes from a
magazine. Say you then took that photo and published it in another magazine.
Would that be a copyright infringement? Maybe, maybe not. Depends on your lawyers:)

> Thanks in advance
>
> I realize this has likely been covered before, does this group have
> an
> archives?

--
Michael Coble, Time Inc. New Media, Pathfinder
Music: http://pathfinder.com/pathfinder/staff/mcoble/music/
Gallery: http://www.panix.com/~coble, representing various artists
Hitman: http://pathfinder.com/pathfinder/staff/mcoble/
Work: http://pathfinder.com/