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Old 12-15-2010, 03:12 AM
areese areese is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

Copyright owners are protected from copying that is exact or with "substantial similarity"....in some cases where the artist has a distinctive style or logo etc, a confusingly similar work could constitute trademark infringement by creating a likelihood of consumer confusion as to the origin of the goods (artwork)....yes I am also an IP attorney
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Old 12-15-2010, 03:13 AM
areese areese is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

Copyright owners are protected from copying that is exact or with "substantial similarity"....in some cases where the artist has a distinctive style or logo etc, a confusingly similar work could constitute trademark infringement by creating a likelihood of consumer confusion as to the origin of the goods (artwork)

If anyone has questions about copyright or other IP law issues I suggest seeing http://coursecracker.com/4/7487/coll...ums/index.html
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Old 12-15-2010, 08:52 AM
paint-by-numbers paint-by-numbers is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

Perhaps some artists feel like they can get away with questionable copyright infringment because the artists they copy are likely not going to engage in a legal battle for something they have no vested financial interest in. I mean, if you copy my work and sell it in some state 2,000 miles away, it's not really taking money out of my pocket. Even if I make you cease and desist, I still make nothing.

If you are mass producing some else's artwork and selling it would be different. But if you copy a few paintings and sell them in a relatively small marketplace it is likely the original artist will not even know about it or bother pursuing legal action.

Now that doesn't make it right to break the law, but I think this is why people think they can get away with it and why it doesn't really matter. To attorneys and people who know the letter of the law all this stuff is a big deal, but to some artists and ley people, they often don't really care.
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Old 12-17-2010, 12:55 AM
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cjorgensen cjorgensen is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

The argument that says the person copying is not actually hurting the original artist - that is not the point. The point is, it's MY work, and I should be paid if it is sold. If someone is selling a copy cheaper, of COURSE that hurts me. Why buy my originals or my prints when they can by cheap knock-offs by someone else? I am the one that came up with the idea and created the painting, why should someone else benefit financially?

You know how hard everyone here is working to sell their art. Then someone else copies it and makes a fast buck? That is STEALING.
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Old 12-18-2010, 06:34 AM
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timelady timelady is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

I mean, if you copy my work and sell it in some state 2,000 miles away, it's not really taking money out of my pocket.
___

Why not? I sell paintings to people 2,000 miles away and further. Why does distance take them out of your potential customer base?

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Old 12-18-2010, 03:01 PM
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Colorix Colorix is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

Quote:
Originally Posted by stlukesguild
Koons based a sculptural piece upon an image from a postcard of a kitten in a stocking. In spite of a great deal of altering of the image from the original (2-D to 3-D, elimination of the background in the photo, etc...) the courts found in favor of the photographer.

There are international copyright agreements and laws, and then there are American courts... to me that is an odd ruling, as there are lots of kittens in socks photographed, drawn, painted, sculpted, etc, some with santa caps... the main part would be Koons work being a 3D work, which usually is regarded as so different from a photo it is not a copyright infringment.

No wonder nobody ever figures out copyrights. And courts, well, they are no art experts.
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Old 12-18-2010, 05:44 PM
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wagram wagram is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

Hi Colorix, courts in Australia have gone so far as to make the point that they are not art experts and will not hear certain matters that have been brought before them to determine. For example if a soft pastel work is a painting or not.

Copyright is a touch comical here as we have signed a free trade agreement with the US that imposed internal trade restrictions on us. One of the conditions was that we extend our copyright period from 50 years to 70. Something to do with protecting Disney from having mass produced Mickey Mouses all over the place. It also stops people from showing copies of works by artists that have been dead since the middle of WWII.

After this thread and what it appears to say about copyright in the US, I'll never copy a US artist living or dead (can't tell what you might get sued for, or by who). Unfortunately I copy in detail to learn from other artists, so the US will just cease having any input to the development of the my art.
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Old 12-21-2010, 11:19 AM
old_hobbyist old_hobbyist is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

Quote:
Legal? Morally Wrong? Intellectual Theft?
Quote:
Copyright owners are protected from copying that is exact or with "substantial similarity"....in some cases where the artist has a distinctive style or logo etc, a confusingly similar work could constitute trademark infringement by creating a likelihood of consumer confusion as to the origin of the goods (artwork)....yes I am also an IP attorney
Ah yes! I'm certain that any painter who has had her/his creation pilfered knows in her/his heart that the act is illegal, morally irreprehensible, and is undoubtedly blatant theft of her/his intellectual property. And that this singular act leads the painter to the heights of moral indignation. And even more, that this act must not go unpunished. And as new member areese has pointed out, there are laws and attorneys ready to help you protect your creativity.

However, before you decide to legally punish the offender, I suggest you pause to realize that IP attorneys can and will defend your rights, but certainly not gratis, and usually at a not-so-modest cost. Before you decide to sue the heck outa the perpetrator, make a quick calculation as to how many pieces of art you will need to sell to pay off the legal eagle. And how much time you will need to spend (away from your art) defending your legal rights. And, of course, there is no assurance that the court will side with you (even if the judge/jury understands the subtleties between your original creation and the perp's derivative work).

Of course, if you truly believe that your work is as important as that of the "painter of light" or Picasso, go for it! And good luck!
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Last edited by old_hobbyist : 12-21-2010 at 11:21 AM.
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Old 06-04-2017, 03:37 AM
rw1 rw1 is offline
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Re: Legal? Morally Wrong? Intellectual Theft?

so let me ask a question , if someone paints a work of art in the style of Rothko's famous color field paintings are they STEALING ( or is it only stealing ) if it's an exact copy (which it is ). ive seen a few painters doing nothing but color field paintings in rothkos style , is it stealing ? , no I don't think so ... now if they just flat out copied a work like Rothko's - white center (yellow,pink & lavender on rose) then yes it's INTELLECTUAL PROPERTY THEFT plain & simple

Last edited by rw1 : 06-04-2017 at 04:36 AM.
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