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Old 10-05-2017, 08:12 PM
firebob firebob is offline
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Painting pictures of graffiti train cars?

I'm thinking about painting a series of paintings from pictures I have taken over the last 27 years of train cars, locomotives, and there graffiti. If I did paint them they would end up in a book and a part of them would have limited edition runs.

My understanding is the copyright on graffiti has not been upheld in a US court.
When I asked my lawyer he told me that anything that was done illegally is far use.

I wounder how others feel about this?
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Old 10-06-2017, 04:05 PM
theBongolian theBongolian is offline
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Re: Painting pictures of graffiti train cars?

Have you taken pictures of Banksy graffiti, or Shepard Fairey graffiti - if so i would advise you to not put those in your book.

Having said that if I were you - i would go forward with the paintings. If you took a photo of a building with a coca-cola logo on it, then made a painting of it - is that copyright infringement?

Making a book, rather than a one-off painting further muddies the water.

There are a number of published books of graffiti on subway trains, etc.- I would contact the author and/or the publisher to get some help. And while I had the publisher on the phone I would pitch the book to him.
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Old 10-06-2017, 08:36 PM
firebob firebob is offline
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Re: Painting pictures of graffiti train cars?

It's been a long day and just sat down for the first time.

I got an email from a different lawyer and I was told not to do it.

The plan was to paint 90 to 100 paintings, put around 75 into a book, and do limited edition runs on most of the paintings.

Thanks theBongolian.
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Old 10-07-2017, 06:50 AM
Harold Roth Harold Roth is offline
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Re: Painting pictures of graffiti train cars?

You could always modify the graffiti. You could use the same style for the letters, different color, and different letters. In fact, it would be pretty fun to create your own. I thought of doing this with a photo I found online of some factory pipes that had graffiti on them. I intend to paint them with alchemical symbols "spray painted" on them instead.
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Old 10-07-2017, 09:57 AM
firebob firebob is offline
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Re: Painting pictures of graffiti train cars?

I've been iffy about being able to create a market that would sell a few thousand books and a few thousand prints.

I think I'll put this idea on the back burner and move on to something different.
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Old 10-07-2017, 08:52 PM
contumacious contumacious is offline
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Re: Painting pictures of graffiti train cars?

Anyone who contested copyright ownership to your images because of their illegal graffiti being included in them might then be exposed to the owners of the railroad cars who could possibly have vandalism charges filed against them, and / or sue them for vandalism damages in court. The "artist" could end up being liable for many thousands of dollars of clean up costs.
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Old 10-07-2017, 09:07 PM
firebob firebob is offline
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Re: Painting pictures of graffiti train cars?

contumacious
That's the way I feel about it. The lawyer I use says the same, but one of his friends has a different opinion. I will come back to this idea for my next book.

I have around 300 35 mm negatives sorted out on river and surrounding landscapes that I'm going to start working on this week.
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Old 10-22-2017, 07:34 PM
marksmomagain marksmomagain is offline
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Re: Painting pictures of graffiti train cars?

Quote:
Originally Posted by contumacious
Anyone who contested copyright ownership to your images because of their illegal graffiti being included in them might then be exposed to the owners of the railroad cars who could possibly have vandalism charges filed against them, and / or sue them for vandalism damages in court. The "artist" could end up being liable for many thousands of dollars of clean up costs.


I would love to see this actually happen😁
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Old 10-22-2017, 09:32 PM
firebob firebob is offline
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Re: Painting pictures of graffiti train cars?

After I finish this series of paintings I'm working on I want to do a series with train car graffiti. It will be hard to market, but in the long run with it's uniqueness I think in the long run it will sell.

I ended up spending a bit of cash to get more opinions on the legality. As long as the train car or cars are the primary object over the graffiti than there is no issue. As far as someone getting in trouble for the graffiti the statute of limitations would become a huge issue with proving what state it happened in.
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