Originally Posted by onestrokeartist
Awhile back I posted that you can sell a Jerry Yarnell painting and if you change it somewhat and definitely not say it is an original by JY, then no problem. I stated previously that you could not do the same with Bob Ross - but I believe I was wrong. You can paint and sell a Bob Ross painting, but again you cannot say it was painted by BR. Am I correct as I don't wish to violate anyone's copyright.
ing someone else's work without their permission is copy
right infringement. Plain and simple.
Doesn't matter the ultimate destination of the copy (gift, sale, covering a hole in a wall, etc.)
Making changes (making a derivative work), subtle or grand, does not make it OK. In fact, derivative works are specifically prohibited by US copyright law.
My attorney tells me that painting along with Bob or Jerry or Bill is considered fair use and, therefor, permissible without the painter's (Jerry) or their estates' (Bob & Bill) permissions. However, copyrights remain with the creator, a publisher (TV station, etc.) or their estates, and when the painting is finished one must get permission to do anything but use them as study guides - can't give 'em away, can't sell 'em, and to really nitpick, can't even display them on your own walls if anyone else might see them.
Your attorney might tell you something else, but it won't be too different from what mine told me, so be sure to discuss this with her/him before getting into hot water that could peal open your wallet.
Better yet - go to the source and ask - they own the copyrights, so what they tell you can be done with those paint-along paintings (copies) is what you can do with them. But, get it in writing, and, if possible, signed.
- contact information at bottom of home page.
- contact link at bottom of home page
William "Bill" Alexander
- no contact information provided on website.