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Old 02-04-2018, 06:18 PM
Jftman Jftman is offline
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Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

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?

Last edited by Jftman : 02-04-2018 at 06:35 PM. Reason: Pic added
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Old 02-04-2018, 07:47 PM
Jftman Jftman is offline
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Re: Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

My drawing based on the reference piece in my thread

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Old 02-05-2018, 06:05 AM
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Katherine T Katherine T is offline
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Re: Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

You can only assert copyright on an ORIGINAL piece of art.

A piece of art which is based on an original image generated by another person is called "a derivative". You cannot copyright a derivative.

The original copyright owner typically has exclusive rights to “prepare derivative works based upon the copyrighted work” (17 U.S.C. § 106(2))

Ignorance is no defence in law i.e. If you knew that your artwork was substantially based on another (i.e. a derivative) but did not know that you cannot copyright derivatives then the fault in applying for copyright is entirely yours.

However if the artwork is "out of copyright", then the restriction on who can make and copyright derivative pieces no longer applies.

Another point - since you ask about challenges. The US Copyright Office is not bound to protect people from their own ignorance.

I'm guessing - as I'm based in the UK and have never had to fill in one of their forms - that they asked you questions. If a Copyright Form asks you whether your art is an original piece of art you have to be truthful when you answer.
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