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Copyright
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Message
Posted
Hi,
Please may I ask your advice regarding copying for nonprofit. I am an amateur artist who creates work for my own pleasure. I am teaching myself watercolours by copying the style of illustrators, which I love doing. Most are children’s pictures and I would love to give one of them to a friend who has just had a baby. It will be a gift. Am I ok to record that this is a copy of an image by xxxx and created for non-profit?
Also, as a reader and copier from thef “how to guides” in the magazine, can these copies be given away as gifts subject to the above statement or similar, or must they remain in my cupboard along with the many other copies and learning experiences?
Thank you in anticipation.
Posted
So long as you aren't publishing or making a profit from your copies, you are unlikely to be pursued - though 'publishing' can mean simply showing a picture to someone else, that's more an issue to do with indecent images than anything else; and I know you're not doing that....
We do have a retired solicitor on the forum who could give you more reliable advice, but on the balance of probabilities I should say a) you don't have a problem, b) move on to doing your own original work as soon as you can.
Copying from existing paintings, and certainly from how-to articles in magazines, is a time-honoured way for students to learn: museums and historic art galleries used to be full of students doing just that - I don't know if they still are. So long as you're not selling, or offering for sale, or claiming ownership of someone else's idea - you'll be all right.
Posted
There is a reader's letter in the December edition of Leisure Painter asking a similar question.
The editor has replied with a comprehensive answer regarding the copyright issue which does crop up on this forum quite regularly and is worth reading; it gives you all the information that you require, it's accurate and is worth reading. (as is the rest of the magazine of course!)
Posted
I think this has been answered above and as for the LP article it's worth adding that clarification has been sought on this issue in the past and the article is way overdue.
It has never previously been made clear if the 'exercises' in the magazine are copyright free given that there is an open invitation for readers to copy them which could imply that they are. We now know that this is not the case - they are not free of copyright and the subsequent advice given in the article is spot on.
I do feel this advice should be regularly repeated in the magazine for the benefit of those who may have missed it and for new readers but somehow I doubt if it will be. .
Edited
by MichaelEdwards
Posted
In passing - I agree with Michael, of course, he's the legal beagle - I remember an exhibition on the Isle of Wight consisting of oil paintings lifted en masse from a book by the late Norman Battershill, but signed by the painter of them with no acknowledgement at all and offered for sale. I walked out with appropriate words - I don't think anyone there understood, though. It's wrong, and it shouldn't be allowed to happen.
This of course is not what our questioner is doing.
Posted
Hi, I have a similar case concerning copy-write laws which is: I am a huge admirer of Jack Vettriano's work and was fortunate enough to see one of his exhibitions a number of years back and this was enough to inspire me to start painting. So I started and painted 5 or 6 of J.V's over a couple of years, this was a valuable time to learn how to create a painting and I'm very proud of them. I never sold or exhibited them but had them framed and gave some of them to family as Birthday presents, which I'm sure is fine. I posted a Homage to Vettriano that I painted a few years back, where I copied 2 characters and put them into my own painting which I POL yesterday. So, can I POL to this website my J.V copies that I painted or is that over stepping the mark and infringing copy-write laws. Hope you can help, thanks
Posted
Copyright (to use the correct spelling) has been a subject for debate on this forum on numerous occasions, If you look back at some of the previous answers on this thread you may find some pointers helpful. I myself directed the original author to a comprehensive reply in the Leisure Painter last December (back copies are available).
I'm no expert, but we do have some knowledgeable people on here who will I'm sure give you your answer.
As for taking components from another artist's work and placing these into your own composition does not sit well with me, the idea would not go down well if I was subject to that kind of practice, it's just not acceptable. Why copy, oh yes, here we go again folks, but just do your own thing, that way, copyright laws don't become an issue.
Posted
The trouble with these questions on copyright is that there is a strict legal answer and a common sense answer. Since I am no longer practising and can't be held accountable I would suggest that Sylvia's answer is spot on. The risk that JV would ever pursue an action against you, Marko2, for displaying work which is in clear breach of copyright or for bringing his images into disrepute are most unlikely even though legally he would be in his rights to consider doing so. It is interesting that cartoonists regularly lampoon artists et al without falling foul so don't worry providing you acknowledge his influence and don't seek pecuniary advantage from doing so.
Quick edit to say sorry - I forgot to mention Alan's point about using components of other artists work and, like Alan, this also doesn't sit well with me.
It all makes wonder why you need to copy rather than simply paint in his style using your own artistic ability to compose suitable subjects and scenes for yourself.
It's worth adding that I have, in the past often copied the works of others as a means of learning the craft for my own benefit but I have never and would never consider exhibiting them or putting them on public display.
Edited
by MichaelEdwards
Posted
There is a fact sheet produced by the UK Copyright Service (at https://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law ) which is quite helpful.
The copyright lasts for 70 years from the end of the calendar year in which the artist died, so you can, for example, do a copy of The Girl with a Pearl Earring without any problem BUT the chances are that you will have worked from a photograph, not the original, so who has copyright in the photograph? Probably the Maurithuis so the 70 years would run from when that image was first made available.
Posted
Not getting drawn in to the copyright thing, but since I don't sell my works and almost always state sources for anything famous or popular, this is one I did last year. So far, the High Sherrif of Scotland hasn't been in touch. I admire Vetriano as a na rtist, but it was the dance that drew me. If I should suddenly disappear....:hehe:
Edited
by Wanderer69