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Archive 2014 · Can a painter use your image without permission?

  
 
jcbradshaw
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p.1 #1 · p.1 #1 · Can a painter use your image without permission?


If a painter wants to use a photograph that has a copyright, can that painter do so without permission from the photographer?

Please, in your answers, specify your level of confidence. Is it your opinion, your hope, or do you know the legalities of it?

Thanks!
Jeff



Mar 27, 2014 at 01:47 PM
24Peter
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p.1 #2 · p.1 #2 · Can a painter use your image without permission?


No.

Read up on derivative works
http://www.copyright.gov/circs/circ14.pdf

http://en.wikipedia.org/wiki/Derivative_work

Unless it parody as in fair use, then maybe:

http://en.wikipedia.org/wiki/Fair_use



Mar 27, 2014 at 06:04 PM
jcbradshaw
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p.1 #3 · p.1 #3 · Can a painter use your image without permission?


Thanks. I passed this info on. I appreciate the help.


Mar 27, 2014 at 06:33 PM
TT1000
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p.1 #4 · p.1 #4 · Can a painter use your image without permission?


The answer is maybe. And it certainly depends on the jurisdiction.

There is a recent 2nd circuit case (includes NY) that said you don't need permission to use a photo by virtue of 17 USC 107 if the work you create from it is transformative.

Alas, they didn't give any bright lines for figuring out when a work is transformative.

You might find this interesting reading:

http://www.nytimes.com/2014/02/22/arts/design/photographers-band-together-to-protect-work-in-fair-use-cases.html



Mar 27, 2014 at 10:11 PM
GoGo
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p.1 #5 · p.1 #5 · Can a painter use your image without permission?


Yes, but not always!

http://pdnpulse.pdnonline.com/2014/03/richard-prince-settles-photographer-patrick-cariou.html



Mar 28, 2014 at 03:27 PM
Deezie
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p.1 #6 · p.1 #6 · Can a painter use your image without permission?


I don't like it. They're pissing on our work and making money from it. These people aren't artists if we're doing the majority of the work for them. The way I see it, a large percentage of the revenue from these so-called transformative artists should go directly into the pocket of the photographers they've blatantly stolen the work from.


Mar 28, 2014 at 06:33 PM
Daniel Smith
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p.1 #7 · p.1 #7 · Can a painter use your image without permission?


Sure they can - but as a derivative work from your original you can bill them and then take legal action to nail their hide to the wall. You did formally register copyright - right? If so you have statutory damages and attorney fees on your side. If not, no attorney fees tho you can get damages.

If you don't go after it they can do anything they want.

http://en.wikipedia.org/wiki/Rogers_v._Koons

http://cpyrightvisualarts.wordpress.com/2011/12/20/art-rogers-vs-jeff-koons/

Art Rogers nailed the image thief Koons to the wall. Koons had wood carvings made from an Art Rogers image.


http://www.owe.com/resources/legalities/30-jeff-koons-copyright-infringement/



Mar 28, 2014 at 10:53 PM
TT1000
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p.1 #8 · p.1 #8 · Can a painter use your image without permission?


I probably should have mentioned a key ruling from the Circuit Court (reversing the trial court) was that you don't have to comment on the underlying work for the new work to be transformative.

I remember Google arguing this in a "friend of the court" brief and Google must have been pleased by the result. For example, a search engine does not comment on the underlying images indexed.



Mar 29, 2014 at 01:24 AM
GoGo
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p.1 #9 · p.1 #9 · Can a painter use your image without permission?


Quote,

Good artists copy, great artists steal.

Pablo Picasso




Mar 29, 2014 at 06:40 AM
obscure
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p.1 #10 · p.1 #10 · Can a painter use your image without permission?


As mentioned above the issue of if the new work is transformative is key. An artist taking photos, chopping them up and making a collage is transforming them. A painter who does a direct copy of a portrait from a photograph isn't.


Mar 30, 2014 at 03:31 AM





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