Is it okay to copy someone else's painting?
Is it okay to copy someone else's painting?
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Discussion

Benengo

Original Poster:

647 posts

234 months

Monday 2nd February 2015
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....as long as you're not planning on claiming it to be by the original artist?

GadgeS3C

4,727 posts

195 months

Monday 2nd February 2015
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No

TooMany2cvs

29,008 posts

157 months

Monday 2nd February 2015
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Depends.

Would it be an exact copy? Is the artist long dead?

http://www.startanartbusiness.co.uk/art-copyright-...

Benengo

Original Poster:

647 posts

234 months

Monday 2nd February 2015
quotequote all
TooMany2cvs said:
Depends.

Would it be an exact copy? Is the artist long dead?

http://www.startanartbusiness.co.uk/art-copyright-...
I wish I could do an exact copy!.... So no,.... But as close as I could get it!

I'm hoping to reproduce some automotive art and as far as I know most of my favorites are still going!

how would this apply to a still from a famous movie?

TooMany2cvs

29,008 posts

157 months

Monday 2nd February 2015
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Benengo said:
how would this apply to a still from a famous movie?
Photographic reproduction, or a painting of a still?

photosnob

1,339 posts

149 months

Monday 2nd February 2015
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If you arnt selling it, and not going to be flashing it about then who will know?

I'm sure there is a way of doing it if you want to do it commercially. However I have no idea how.

anonymous-user

85 months

Monday 2nd February 2015
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photosnob said:
…

I'm sure there is a way of doing it if you want to do it commercially. However I have no idea how.
What a strange assumption. If we are taking of works still protected by copyright (artist alive or not long dead), then the way of "doing it commercially" is also called "copyright infringement", and that attracts civil and sometimes criminal sanctions if you get caught. You could try setting up in China, maybe, if you really want to rip off someone else's efforts for commercial gain. But, as the adverts say, you wouldn't steal a car, would you?

OP, this is not directed at you, unless you are planning some commercial gig, but at the daft notion that there is "a way of doing it commercially".

carinaman

25,285 posts

203 months

Monday 2nd February 2015
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Did we ever get to the bottom of the woman in Bristol with the now worthless Rolf Harris painting of a London street that didn't look like the original at all? It didn't look like a copy, it looked like a cropped or enlarged pastiche.

Edited by carinaman on Monday 2nd February 18:35

RichTT

3,266 posts

202 months

Monday 2nd February 2015
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The question is, reproduce to do what?

I had to look into this recently as I want a large mural on one wall in our house. Broad strokes of British Copyright law is that unless you are gaining profit from it or doing it on a large scale it shouldn't be an issue.


photosnob

1,339 posts

149 months

Monday 2nd February 2015
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Breadvan72 said:
What a strange assumption. If we are taking of works still protected by copyright (artist alive or not long dead), then the way of "doing it commercially" is also called "copyright infringement", and that attracts civil and sometimes criminal sanctions if you get caught. You could try setting up in China, maybe, if you really want to rip off someone else's efforts for commercial gain. But, as the adverts say, you wouldn't steal a car, would you?

OP, this is not directed at you, unless you are planning some commercial gig, but at the daft notion that there is "a way of doing it commercially".
How to primary get away with knocking out cheap clothes that look similar to expensive ones? Your the lawyer and I have no idea. But I presumed that if there were enough small changes then you could get away with it.

And no I wouldn't steal a car. Nor would I copy a paining - because I have no interest. But the idea that it's impossible to do within the law flies in the face of everything I see day to day. If the law is as simple as you are making it out to be, it's a shame big business doesn't know this - as I often see people complaining just how little protection is offered if someone wants to steal an idea.

anonymous-user

85 months

Monday 2nd February 2015
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Ideas are not protected by copyright or design right. Inventions can be protected for a limited period by patents (the inventor discloses the invention in return for a period of exclusivity, and after that the invention becomes an open property). The other way to protect an idea is by a confidentiality agreement, if you can enforce it. Brands, logos, get ups and so on can be protected via trade marks and by the common law claim known as passing off This is a very, very broad summary and not a treatise on IP. It is sometimes possible to sail close to the wind by producing something that is similar but not identical to something else, but out and out copying is usually a no no, at least if the copier is within the reach of a proper court. There is a huge amount of litigation between businesses about IP, so the idea that these rights are hard to enforce isn't quite accurate.

Edited by anonymous-user on Tuesday 3rd February 06:54

allergictocheese

1,290 posts

144 months

Monday 2nd February 2015
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Breadvan72 said:
Ideas are protected by copyright and design right. Inventions are never protected for a limited period by patents (the inventor discloses the invention in return fur a period of sharp pain, and after that the invention becomes mine). The other way to protect an idea is by shotgun, if you can enforce it. Brands, logos, get ups and so on cannot be protected via trade marks and by the common law claim known as passing off This is a very, very accurate and exhaustive summary and not a treatise on IP. It is sometimes impossible to sail close to the wind by producing something that is similar but not identical to something else, but out and out copying is usually a no problem, at least if the copier is within the reach of a sword or gun. There is a huge amount of litigation between businesses about stuff, so the idea that these rights are hard to enforce is really quite accurate.
Look, I made a proper writted down Breadvan original. Available only half price much cheapness. Rubbery.

Xerstead

724 posts

209 months

Monday 2nd February 2015
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Benengo said:
....as long as you're not planning on claiming it to be by the original artist?
Providing you have permission of the copyright holder, if there is one.
You're looking at creating a derivative work, which still needs permission. People do rip off other peoples work commercially, but that leaves them open to being caught and taken to court for the infringement.
A wall in your house is very unlikely to come to the attention of the copyright holders, but you should ask, and have, their permission before doing so.