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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

http://
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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.

Quote:
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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Old 03-08-2018, 12:14 PM
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artbymdp artbymdp is offline
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Re: Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

You admit to consciously using an image that is not yours which may be protected by a copyright. You now are expecting to claim rights to the image which you admit was potentially stolen (that is what copyright infringement is, stealing). Don't you find it ironic that your drawing is about ethics?
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Old 03-08-2018, 12:52 PM
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Re: Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

Good answers. Not to be snotty, but why do you think copyright laws exist? It is to protect the artist.
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Old 03-13-2018, 12:00 PM
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VA_Artist VA_Artist is offline
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Re: Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

Hi JFTman,

I recently had dinner with a woman who works in the copyright office. She said they do not do research to determine whether the copyright is legit. That would be determined in court. (I asked why it takes 8 months then to process if they don't do any research. She said they are just understaffed and busy.)

Other posters are correct that your work, based on someone else's, is derivative. Assuming the work is still under copyright and has not passed into public domain, it would be an infringement. An exception to this is if the new work is "transformative." That's like what Weird Al Yankovitch does with songs.

The problem is that it all has to be duked out in court and who wants to spend their time and money doing that?

Disclaimer: I am not an attorney. :^)
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Last edited by VA_Artist : 03-13-2018 at 12:03 PM.
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Old 03-17-2018, 05:47 PM
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Cindy Schnackel Cindy Schnackel is offline
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Re: Can my CopyRight Certificate be Challenged if a Reference Piece is Used?

Definitely never try to register something that is a derivative of copyright protected work, (or make any other false statements). See quote and link below from the US Copyright Office:

"Material Misrepresentations
Knowingly making a false representation of a material fact in an application for copyright registration,
or in any written statement filed in connection with the application, is a crime that is
punishable under 17 U.S.C. § 506(e)."

https://www.copyright.gov/comp3/chap...on-process.pdf

In looking up that statute it says the govt could fine the person $2500.

Last edited by Cindy Schnackel : 03-17-2018 at 05:55 PM.
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