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Old 02-04-2018, 05:14 PM
Jftman Jftman is offline
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Does My CopyRight Truely mean I own publishing rights?

I have applied for and received a copy right of a pencil drawing based on a famous 'reference piece'. If My use of this drawing is then challenged what then?
To include selling copies.......
The piece is the famous depiction of The Sailor on the Sea. My copy righted illustration is not the exact copy, it is 'like' it.

I have seen more than one scene of this nature, or composition of elements also in the public arena. I can assume each to be copy righted as well. So now I have this picture and it's copyright. A neighbor said 'This is not Yours and You have been advised where to see that for yourself'. I said, 'I received the copyright certificate so that means a search has been decided and no breach of public trust (must have been) impeded.'

Her response was that the government will just take Your money. So that means to me, the certificate must be improperly given and should be revoked. If she had her way.

I am seeking an answer on this......This art is CLEARLY based on a prior copy right. A certificate has been issued to me. If it is challenged then isn't one then challenging the US CopyRight Office not me? If I become challenged aren't I already cleared having ownership of the work's copyRight certificate?
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Old 02-04-2018, 06:50 PM
Jftman Jftman is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

My Drawing Based on a 'famous' reference piece.
http://
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Old 02-04-2018, 08:19 PM
Harold Roth Harold Roth is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

Your neighbor is correct. The government just takes your money and does not check to see if you are registering a copy of someone else's work. You aren't supposed to try to copyright someone else's work unless the work is clearly in the public domain, and there are all sorts of rules about that.

Registering a work with the USPTO does not mean you are immune from challenge. It just means that if you do win against someone who copied your work, you can then ask for statutory damages and attorney's fees in addition to actual damages. That's all.

There is no hard and fast rule about what constitutes a copy, but one that is easy to use is this: if you held the two pictures side by side, would you be able to see where one was based on the other? Another way I have seen this described is that less than 20% of the image is recognizably a copy.

So IMO, you are SOL.
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Old 02-04-2018, 08:25 PM
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artbymdp artbymdp is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

The owner or the estate of the original will be able to challenge your rendition should they see fit. Do not be fooled, a copyright is not like a patent or trademark. The government does not do an extensive search for every drawing, painting or graphic. If you knowingly attempted to plagiarize another work as you implied in this post you may find yourself on the losing end.
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Old 02-04-2018, 08:31 PM
Jftman Jftman is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

There is a picture I found that is just like this. My mother drew it 65 years ago so she must have used that one. Regarding public domain.....I will need to find out when the work was originally produced.

All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.
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Old 02-04-2018, 09:24 PM
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~JMW~ ~JMW~ is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

Do you plan to sell or make copies??
Or keep for a personal & family memento...
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Last edited by ~JMW~ : 02-04-2018 at 09:27 PM.
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Old 02-04-2018, 10:52 PM
Jftman Jftman is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

Before I applied I was only aware of a different two renderings featuring a sailor being guided by Jesus at the wheel of a boat.
Today I did a new search and found a image that can not be mistaken as the piece my mother copied her drawing on it.

Now I don't know if my chance to hold a copy right exists perhaps if the original is now in the public domain. Are public domain images that are redone eligible to be again given protection after a certain amount of time has past by another person?
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Old 02-05-2018, 05:25 AM
Harold Roth Harold Roth is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

You need to talk to a lawyer. because to me it sounds like you are pretty adamant that you should be allowed to copyright someone else's work.
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Old 02-05-2018, 08:02 AM
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bobc100 bobc100 is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

Quote:
Originally Posted by Jftman
Are public domain images that are redone eligible to be again given protection after a certain amount of time has past by another person?
If it's a straight copy, than no. If you've done something new and unique to it, than the new part could be copyrighted but not the original image. You should probably do a search on "derivative work" because there have been many threads and much other information out there on this subject.
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Old 02-05-2018, 12:24 PM
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Re: Does My CopyRight Truely mean I own publishing rights?

There are articles and publications online regarding the copyright laws for public domain images. Stanford University Library Copyright and Fair Use of Public Domain presents an extensive and straight forward overview. It is clearly a complicated issue and would require lawyer involvement if an artist intends to proceed with any commercial marketing of such a piece.
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Old 02-09-2018, 07:16 AM
IanBertram IanBertram is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

The idea that if the difference is more than a certain percentage is a myth. Apart from anything else, how is it measured? Percentage of what?

If a picture exists, even if it is out of copyright, I don't see how you can create a new copyright on a copy.
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Old 02-10-2018, 12:40 PM
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Azure Wings Azure Wings is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

In addition to the legal issues, which have been addressed, there are ethical ones. You're presenting a drawing, which is a copy, and accompanying it with words of conscience — but taking someone else's work is not ethical.

The more work you do, the more you will find a way to create your own images that convey the same meaning. But the point here is your OWN images, not copies, not derivatives.

The issues are not only legal — they are also moral.

In addition, no artist wants to become known as a copyist. Find your own voice! It takes time. Give yourself the time — as with any other profession, becoming truly skilled and finding that voice doesn't happen overnight. If you really love making art, give yourself that time, and honor the work, yourself, and the meaning behind the image above. You will find your own way of creating something new, your own way of getting across the message you love!

This may not be quite what you wanted to hear — but, as with anything, if you want to make a business of something, you need to know where you stand.

Hoping this is helpful,
Karen
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Old 02-10-2018, 03:13 PM
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artbymdp artbymdp is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

I wish high art was about ethics and integrity but let's face it, art is big business. In all fairness it is important to note that using other images to the point of apparent copyright infringement has made many artists famous and wealthy. To name a few, Andy Warhol, Roy Lichtenstein, Jeff Koons...not to mention the hundreds of Mona Lisa, Stary Night and Scream parodies. The idea of ethics is often defined as a matter of law. monetary justice and name recognition.
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Old 02-11-2018, 02:18 AM
theBongolian theBongolian is online now
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Re: Does My CopyRight Truely mean I own publishing rights?

Quote:
The more work you do, the more you will find a way to create your own images that convey the same meaning. But the point here is your OWN images, not copies, not derivatives.
My experience has been the exact opposite. The more I study, immerse myself in arts and culture, the more aware I am that all my ideas have been done. The more depressed, self-loathing and non-productive I become.

If you wait for an original idea you will be waiting a long time.

Better to settle on a "good" idea. A good idea is good enough. A good idea is the only game left to play. Better imo to search google for how many times and in what ways the good idea has been done - then fabricate some nuance some speck of variation that might set it apart....

Last edited by theBongolian : 02-11-2018 at 02:20 AM.
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Old 02-11-2018, 08:53 AM
Harold Roth Harold Roth is offline
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Re: Does My CopyRight Truely mean I own publishing rights?

Quote:
Originally Posted by theBongolian
My experience has been the exact opposite. The more I study, immerse myself in arts and culture, the more aware I am that all my ideas have been done. The more depressed, self-loathing and non-productive I become.

I've sure had the experience of thinking I could specialize in some unique subject only to find out there were others who had specialized it very successfully before I was even born. It has disappointed me but hasn't made me depressed and non-productive. But I do think it's a struggle to paint something that a lot of other people have painted in one's own peculiar way. To find that way is hard.
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