View Full Version : Still unclear
03-25-2002, 04:44 PM
I have been using photographs from photography anthologies as references for drawings. I feel certain w/o a doubt that use of any of these drawings for ANYTHING other than my personal practice and use is copyright infringement. Even if I recrop, it's still an infringement on the rights of the photographers from whom the images originated.
Consequently, I ordered Mark Edward Smith's "The Nude Figure: A Visual Reference for the Artist" thinking that while I would likely make changes to the images, and not copy them exactly as shown, I might be able to use these drawings in public forums for gain. The book's title suggest that use would not be copyright infringement.....but right in the front of the book it says:
All rights reserved. No part of this publication may be reproduced or used in any form or by any means - graphic, electronic, or mechanical, including photocopying, recording, taping or information-storage-and retrieval-systems - without the written permission of the publisher.
(Please don't sue me for copying the above paragraph.)
I thought (obviously wrong) that these images might be copyright free like clip art, based on the title of the book. Furthermore, the above paragraph does not specify non-mechanical means.... is this because this standard paragraph is assuming that would be the only reproduction they would need to worry about OR are non-mechanical means considered ok?
Any thoughts on this? My gut tells me that should I pursue any future gain, I need to stick to gathering my own personal photo references.......I'm just worried about finding folks willing to pose neked for a suburban house wife.......
03-25-2002, 04:52 PM
Just in case, in the far off chance, that my art should become posthumously famous, by some fluke of the imagination.... I'm going to get in the habit of writing my reference source on the back of my practice pieces so my heirs won't unwittingly infringe on another's copyright.
03-26-2002, 10:43 AM
Why not try writing to the author/illustrator of the book and find out for sure? They may mean that everything isn't useable, but they may just be trying to ensure that no one else uses the book materials to make a similar book. For the price of a stamp, you might get permission to use some of the stuff. I know I was shocked recently to have an art teacher suggest that I copy figure drawings from a book for my portfolio!
I agree that it is difficult to find models. I've been lucky to stumble on a "class" that does life drawings once a week. Unfortunately, the "teacher" doesn't teach, she sits and draws the models too. So I am paying quite a bit to share the model, and I can't specify pose or anything. One of the models is also an artist and did offer to exchange modeling so we'd both save money, but I'm not sure if I'm comfortable with that. It would mean more time for the poses I want. I suppose I could possibly hire the models privately for the price the class pays for them. Then there's the question of where to draw--I work days and I really don't think my kids would understand why I had naked people in the house at night. Plus, I'd have to know them pretty well to feel comfortable with having them undressed in my house.
If you have a good digital camera, you could have your spouse take a few shots of you posed the way you want and get rid of them afterward? Not as good to work from photos as real people (though photos don't keep moving in the aggravating way live people have to!) Find out if there are any groups in your area that would be interested in getting together to pay a model? Any place that has a college or university which offers art must have artists' models.
03-26-2002, 04:55 PM
I agree, the best way to find out is to write and ask.
I picked up one of my art instruction books lying on the floor...and it says the same thing. And it has several demos in it for the artist to paint along with.
I really think this means you can use the images for learning on your own....but not for resale or for exhibition. In either situation you would be saying "this is my work".."I want to benefit from it".
I did see a book or maybe a video of figure poses which said "copyright free"....but if you and a few thousand other artists use them - well you get the pic!
03-26-2002, 06:25 PM
I noticed in a Susan Scheewe book that it says in the front..."Designs may be painted on projects for fun and profit."
03-27-2002, 04:58 AM
If you're specifically looking for figures there is a book you can use. Can't remember the name but I have it (but it's packed away :() Will try to find it later but it's the guy who did the figures in motion back in the 20s (?). It's full of nudes in motion (wrestling, carrying pails, climbing ladders, running) in motion from several different angles, and you're allowed to use up to 2 images in a single work of art. (says so very clearly in the intro to the book, and I've seen them reproduced in paintings in exhibitions). Maybe someone else will remember his name before I get back from work. :)
Tina you are probably referring to...
"The Human Figure in Motion" by Eadweard Muybridge
Actually his photographing of moving animals and people was done pre-movie cameras. He used banks of individual cameras who's shutters were tripped as the figure moved past. They were first published around 1880. His pictures of horses in motion is generally considered responsible for artists learning to depict the leg positions of the horses while running. If you look at paintings of horses in motion prior to this, you will note the difference. Similar changes occurred in the way other animals, people and actions were depicted. Truly ground breaking work at the time.
03-30-2002, 04:26 PM
Yup, that's it! Mine's called "The Male and Female Figure in Motion", Eadweard Muybridge, ISBN 0-486-24745-7.
From the copyright page:
"This book belongs to the Dover Pictorial Archive Series. You may use the designs and illustrations for graphics and crfts applications, free and without special permission, provided that you include no more than ten in the same publication or project. (For permission for addition use, please write [blah blah blah...]"
Cool beans! (or cool bananas if you are from a southern hemisphere country, so says my friend originally from Zim)
04-26-2002, 08:53 AM
A note on Smith's book:
In the last line of the introduction it specifically says...
"I hope these images will be of use to you in your art." I doubt that this would be written by someone who didn't want us to use it.
(My current piece has a pose directly drawn from there. Of course, I changed the face a bit to protect the innocent...)
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