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Inspiration from favourite artists - week one, Fred Cuming
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Message
Posted
When I originally discussed this thread with Dawn before she agreed to set it up initially no mention was made by her of the risk of infringing copyright. I agreed to the weekly running of the thread as her work load and hours don’t allow the time to oversee it, I had a very quick look at the copyright but I must admit to getting confused .
I assume that as the Online editor Dawn is aware of the restrictions etc , I will send her a urgent message asking for clarification , we should have a reply when she returns to work on Monday.
I have read with interest the post by Jenny Harris , and thought beforehand there must be a system by which people can use material for education, discussion etc , which this thread does I believe come under.
It would be unfortunate if we cannot use image , but we can still name and look at artists and comment, I will set up the week two thread tomorrow evening but will not include any images until I have spoken with Dawn on Monday .
Posted
I doubt that there will be any problems here regarding breaching copyright infringement.
The issue arises when you use an image for publication… I’ll quote a recent example: I wanted to include a photo of one of Turner’s sketch books in a forthcoming article I’m working on for TA.
Naturally I discussed it with the editor, and no surprise that it’s a no go… which I was pretty certain about anyway.
The magazine would have to seek permission from Tate Britain and there are royalties involved and all sorts of red tape - I abandoned my idea!
Posted
It would be a great shame if copyright issues knocked this discussion on the head. Hopefully Jenny’s info is appropriate to this website as an innocent discussion amongst mainly amateur artists interested in widening their horizons. I’ve found it both interesting and informative, so fingers crossed it can still go ahead.
Posted
I'm not an expert on copyright, but so far as I know, Jenny Harris had this right - we can't use copyrighted material in order to promote our own interests, eg using it in whole or in part in an election address or advertisement, but "fair use", for teaching or review purposes, is legitimate.
Artists generally want their work shown, not protected from display - the exceptions to this are those suggested above, plus a few others: Dawn and the editors will have plenty of experience of this.
Posted
Hi All. On the issue of copyright (always a thorny issue!) as I understand it we can use work listed as being in the public domain so long as we credit the image properly. This usually includes a full title, the name of the artist and the gallery where it is housed. As for a thread like this, I don't see there being an issue as we aren't actually publishing the work - might be worth ensuring that we use full captions where available though!
Posted
Also, intellectual copyright remains with the originator, even if they have posted all or part of it on a public forum.
I once found one of my photos, that I had posted to a forum, printed in a magazine without my permission or acknowledgement. Having taken advice, I contacted the editor and 'persuaded' him to pay me a fee.
Posted
Sorry if I’m coming to this a bit late but it seems to me there is need to clarify the matter of copyright. Copyright always remains with the artist unless it has been sold to a third party. Any use of an image without the permission of the copyright holder is technically a breach of copyright.
It therefore follows that the use of an image without a licence for its use by way of express permission is a breach of copyright whether it is here on POL or in a commercially available magazine. Simply because an image is publicly available elsewhere does not give others the right to use it without permission.
The main purpose of copyright is to protect the holder should others seek to take commercial advantage. Publication in a magazine would clearly come into this category but here on POL it is less clear that there is any commercial advantage to be gained and therefore little chance that an action would ever be brought. Having said that, although the risk is minimal, there is case precedent to support such action.
Here on POL providing the details of the artist are included there is little risk but I would suggest that permission should always be sought first. Where permission isn’t sought the artist always has the right to ask that the image(s) be deleted.
Edited
by Michael Edwards
Posted
Michael, I believe your post gives a pretty definitive answer to the issue (based on my experience mentioned earlier - the last sentence of your second para). Might I suggest that you repost it as a new topic in the Forum User Guide section, where it will be more easily found in future?
There is one aspect that I recall being mentioned, but which isn't clarified. If I use another artist's work as inspiration for a work of my own (one might call it copying), and then I display my 'copy' in public, will I be in breach of the original artist's copyright?
Edit for smelling pistake!
Edited
by Colin Berwick