 Anonymous |
Photographing Artworks I like to go to art shows and take photos of paintings I like. I have had a few favorites that I printed and they look like real paintings on my wall. As long as I don't sell is it illegal to give to my friends?
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William Schuette |
It depends on the purpose of your giving them to friends. If there is ANY benefit to you - whether economic or not - you would be violating the author's copyright. Even if it is just to promote yourself this would still be a violation. Practically, it really may depend on the number of photographs you are sharing. If it is just a couple to show people what is going on at a local museum there is no problem. Any more than a couple and it raises significant questions as to your intent. Bill
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A C |
do not give them to your friends. If they like the paintings, they should buy from the original artists ... not get them for free from you.
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W. |
Do you have many friends, Cherylann?
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Mark Feldstein |
In the United States, duplicating the protected work of an artist absent their consent and regardless of reason but especially for the reasons you describe, is going to be construed as an infringement and in all likelihood a willful or deliberate infringement. The civil penalties for each willful violation run about $174,000.00 plus federal court costs and attorney fees. Mark
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Anonymous |
Why do you think they would let us take photos if they didn't want anyone to copy their work? A photogrpah is a copy. The only sign was a no smoking sign, no other restrictions. I even asked at the information booth if it was okay to shoot pictures and they said "no problem".
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William Schuette |
Paul, relying on a clerk at an information booth for legal advise is a good way to end up with an infringement action being filed against you.
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Mark Feldstein |
Paul, you initially said: "I have had a few favorites that I printed and they look like real paintings on my wall." You're not taking snapshots for memories, you're taking photos for full size reproduction and interior decoration. THAT sounds like an infringement to me. Bill is absolutely right. Maybe you should ask the guy at the info booth to represent you if you're sued. Lastly, most museums and galleries that I know of won't let you use flash without special permission from the curator. Do you know why? It's not just a UV issue.
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Anonymous |
I wasn't asking for legal advice at the info booth, just checking to see if it was ok to take pictures. I wasn't planning on taking pictures to hang on my wall. I went down to the art show in our local Recreation center and I wanted to show my wife some shots, because she couldn't come along, some of the top artist in our area. The lighting was perfect so I didn't use a flash. Well they came out so good I thought of printing a couple and decided they were good enough to hang on the wall. When friends saw them, they also wanted a copy. I looked up the artist and found that you could buy a giclee for $1,200 which they gasped at. They said they would give me $200 and a firm promise to keep it hush-hush. I don't think the artist were too worried because they're were many others taking photos besides me.
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Raymond H. Kemp |
What a shame for the artist. Unlike photographs, which can find financial reward in books, magazines, web sites, etc., selling the painting to adorn someone’s wall is what generates the artist’s income. And now some jack hole decides to steal the artist’s hard work and make a couple hundred bucks in the process. You might just sleep a little better if you send the $200.00 to the artist with a note: “I stole your work and sold it to my friends to hang on their wall and mine.”
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Anonymous |
I said they want to pay me $200. I never accepted it nor did I say I would make a copy. I never stold anything, she still has the painting. You can then say anything man made is illegal to photograph.
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John Rhodes |
Paul, I don't understand your position on this issue. You are stealing an artist's work and your excuse that others were doing the same thing is an excuse we hear far too often in life. John
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Todd Bennett |
Paul, You, my friend, are a moron. You have, at the least, asked 2 questions on this forum and are not happy with the answers you received because they are not what you want to hear. You don't like what you hear so you try to justify your actions with dollar figures and a promise to keep it hush hush. Get it through your head that what you have done is a violation of copyright law. I repeat, GET IT THROUGH YOUR HEAD THAT WHAT YOU HAVE DONE IS A VIOLATION OF COPYRIGHT LAW. You came on here and didn't like what was said so you tried to direct people to a site that, in your words, were polite and didn't offend posters. If you expect to receive respect from artist and photographers, you better learn protocol. Have a nice evening!
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A C |
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Anonymous |
So you if take a picture of anything but nature you have to get someones permission to print it? I say "if you can't get a patent for it, it is fair game".
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W. |
"They said they would give me $200 and a firm promise to keep it hush-hush." And if you actually did that you have set yourself up for that $174,000.00 fine, plus federal court costs and attorney fees, as Mark said. Good luck. You may need it.
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Anonymous |
Never accepted any money. Wouldn't even let them pay for the print. I suggested that when they came over in the future that I wouldn't mind if a certain picture disappeared off my wall. That way they would have stolen it.
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W. |
That clearly constitutes 'conspiracy to defraud'. And with this thread as supporting evidence you can count on a doubling of the fine. It's gonna be a party! LOL!
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William Schuette |
Paul, I know wonder why you did not initially mention that you were considering SELLING the copies. you apparently have no concept of copyright law. A copyright attaches to an artist's work automatically and can subject the violator to both civil and criminal penalties. It does not require a patent or registration of the copyright. Registration only adds more penalties for a violation. There is no doubt that selling any copy of any art work is a violation of US and international copyright laws. Your position is indefensible and your continued arguments inane.
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Todd Bennett |
Paul, You need to spend some time here: http://www.copyright.gov/. It should clear up all the misconceptions you most certainly have about what you are doing.
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Mark Feldstein |
Hey Paul, get it straight will ya? The infringement on the artist's protected right is the issue. It's NOT the money. What part of "UNAUTHORIZED REPRODUCTION or DUPLICATION BY ANY MEANS" DON'T you understand? As Todd suggested, rather than looking for ways around the laws, go read and understand it, stop being a bonehead. I may be giving you much more credit than I should, but I somehow imagine that you know better.
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Samuel Smith |
i told you who he was???
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Anonymous |
Are yo IM'ing behind my back? Whats that supposed to mean?
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Anonymous |
Your silence was my answer, busted.
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Mark Feldstein |
You know Paul, "Just because you're paranoid doesn't mean someone REALLY isn't out to get ya." LOL. Besides, even if someone e-mailed someone else about you doesn't change their response here, does it? And, around here, silence isn't a tacit admission of anything. ;>)
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Mark Feldstein |
Oh, and speaking of "busted" personally, I'd much rather be accused of sending someone an e-mail instead of being accused or worse, actually admitting in writing admitting that I knowingly and wilfully violated the copyright of another artist. Just thought I'd mention that :>) M
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