Copyright Issues

[Geoff]

I use many photo references from books, newspapers, magazines and the like.
The topic of copyright has been raised in a number of diverse threads over the last few months, but no real decision has been made.

The basic question is ?
Is there a way that we as artists can draw ( say Madame Spears and other Celebs ), and legitimately post it into WC. I for one couldn't afford to have anyone sue me for infringement of their civils..
Would WC also be liable for accepting and displaying these drawings/paintings.

I know that denying the use of these reference photographs would hurt a lot of us - me especially.

But do we need all need to have some definite guidelines ??
ANyone any thoughts, suggestions etc. This issue of copyright is a very important one, and unfortunately it appears to be a little bit of a minefield.

All this does not, though, prevent the use of photographs to learn with, just the posting of them into the public domain.

[scottb]

As always, an art attorney is a good first stop. I recommend Joshua Kaufman (he represents Michael Wilkinson, among others). His website:

http://www.jjkaufman.com

Check out his articles as well:

http://www.jjkaufman.com/articles/index.htm

The issue of celebrity "likenesses" has come up before. And I've heard 2 different viewpoints. Moving this to the art business forum, where others can add their input. Anyone out there have experience in this area?

With regard to any liability by WC - no, as per the user agreement, everyone agrees to indemnify us if they get into trouble (including copyright infringement).

Cheers.
Scott

[Geoff]

Thanks Scott.

I take it, then, that you are happy to see celebrity studies posted here ?? Artist takes full responsibility ?

[sandge]

My personal view is: if in doubt, don't. Keeps things simple. :)

[Paintbrush74]

My late uncle looked JUST LIKE Archie Bunker (Carroll O'Conner). If I painted a picture of him and posted it, I suppose someone could say I was infringing, but if I wanted to paint my uncle, I would. But--I wouldn't title it "Archie Bunker", or Carroll O'Conner.

[CarlyHardy]

If you are using a source from a magazine, book, another's photograph, calendars, newspapers...etc.You are copying from a copyrighted image and if you don't have the "owner's permission" (owner of the copyright) for its use (other than what falls under fair use in the copyright law), then you have infringed upon that copyright.

If you do use images and that use falls under "fair use", proper credit must be given to the artist and resource. You cannot claim that the originality for the work is your own since it was copied.

I don't have my resources to post the copyright url again...but its in some of the other posts regarding this subject. You might want to take a look at it.

I'm with the statement...If in doubt, don't do it!
carly

[Chuck Levitin]

Originally posted by scottb
With regard to any liability by WC - no, as per the user agreement, everyone agrees to indemnify us if they get into trouble (including copyright infringement).
Cheers.
Scott [/B]
I'm not sure you understand the economic ramifications of an indemnity. If WC loses a case and gets a $1 million judgement against it, WC would owe $1 million to the winner of the lawsuit. WC would then turn to the person who got you in trouble and ask him or her to reimburse WC (e.g. indemnify you). Now if that person doesn't happen to have $1 million laying around, then you are SOL!!