Copyright question

[Carol Morimoto]

I noted in the current issue of Artist's Magazine that Erin Crowe has been selling portraits she painted of Alan Greenspan over the years. The article says she works from source material such as newspapers and Web articles although "no painting is an exact copy of a photograph."

It is my understanding that this practice (exact copy or not) would still entail copyright infringement if she has not secured permission or a usage agreement with the photographer who took the photos. Can anyone clear this up for me?

Thanks,
Carol

[Michele Rushworth]

Sounds like copyright violation to me.

[Claudemir Bonfim]

I read the article too. I don't know much about the U.S. copyright policy for newspaper photos or the paparazzi ones, but as far as I'm concerned, if he authorized the oil portraits, no photographer will be able to complain about it. He is the only who can complain about the public use of his image.
About magazines or studios, if the editor or studio owner has a signed paper about the photos for an article, sittings, etc, he also can complain about it, otherwise only Alan has the rights.

[Jeff Fuchs]

I'm not sure that's correct. That would be like saying only an artist's model can claim a copyright to the painting.

The photographer is an artist. If he can show that his work was copied in some way, he has a claim.

[Carol Morimoto]

Thank you all for your input. This topic is of particular interest to both me and my husband (a commercial photographer) since there is a bill currently before Congress to ease the copyright laws so that any artist's images may be used without permission if the originating artist cannot be "easily" contacted, whatever that means. Even now the onus is on the artist (photographer/writer, etc.) to pursue anyone using their work - the da Vinci Code being the most famous case lately. The new legislation would simply make it easier for anyone to pull work from websites, publications, etc. without permission. Although some of us might benefit by the ability to more easily use reference work originated by someone else, this is a slippery slope to start down since we could ultimately be affected also.

I am contacting Artists Magazine for information, but do not expect a full and forthright response from them since they have published Erin Crowe's work with the explanation that her paintings are not "exact copies" of the published photos. I will also try to reach Erin Crowe (hopefully "easily") for an explanation and see what she has to say on the topic. If anyone has further thoughts on this before I do, I would appreciate your input.

Thanks,
Carol

[Claudemir Bonfim]

Originally Posted by Jeff Fuchs

I'm not sure that's correct. That would be like saying only an artist's model can claim a copyright to the painting.

The photographer is an artist. If he can show that his work was copied in some way, he has a claim.

If you have a brilliant idea, but no copyright, what happens in the U.S. if someone copies it and then gets the copyrights before you?

[Chris Saper]

Most likely a long expensive lawsuit without probability of success.

[Carol Morimoto]

Hi, Claudemir,

Chris is absolutely right in practical application. However, to answer your question, current U.S. law grants an automatic protection to original artwork from the moment of its creation. However, failing to copyright and register your creation makes it vulnerable to so-called "innocent' infringers who may claim they did not know the work was protected and this makes getting a lawyer to defend your claim very iffy and time consuming unless you have LOTS of $$ to pursue it.

Unapproved usages of original works is becoming more and more pervasive and this should be a concern for all artists.

Carol

[Claudemir Bonfim]

Yes Chris and Carol, that's what I thought.
Thanks you two!

[Jeff Fuchs]

I've seen artists on wetcanvas.com who complain that their work is being copied by other artists (usually on ebay). But it seems those who are copied tend to have a style that's easy to copy.

One form of deterrent would be to have a higher level of skill and originality.

Indeed, the theives may be forcing artists back to their forgotten values.