Art by David Lozeau
How do you determine the difference between inspiration and plagiarism? It’s easy, but don’t ask me to explain it. Just like Supreme Court Justice Potter Stewart once said of Pornography, “I don’t know how to define it, but I know it when I see it.”
One of the oldest sins in art is knocking off someone else’s creation and selling it.
Artwork is as personal as your children. It comes out of us, and we not only get possessive of it, we have a deep drive to protect its purity.
If you want to get an artist really angry, just show them where their art’s been copied and sold without their knowledge. Selling one’s work as your own, without permission, is a hot button that brings out the ugly in people.
A good example is the never-ending debate surrounding Shepard Fairey, the famed artist of the Obama HOPE poster. Although accomplished and talented, he’s probably spent a lot of time and money defending his choice to use the copyright image of photographer Manny Garcia without permission. His fans will tell you that it was “fair use” or “appropriation,” terms that get him off the hook legally. His critics will argue that he plagiarized the image for his own personal gain.
Regardless of how the law handles copyright infringement, no one is happy to discover that someone has taken their artwork without their knowledge.
WHY COPY SOMEONE’S WORK?
There are many reasons one would. Companies will do it out of ignorance or greed. For newly born artists, it may be what helps them to find their footing. For some, it’s an attempt to create something which they are incapable of doing on their own.
It’s frustrating for artists who constantly get knocked off by others who are selling their stolen art. Lowbrow artist David Lozeau has his art plagiarized so often that he instituted a program where he gives free prints to whistle blowers that alert him to it! He then goes after the infringer and puts a stop to it. He has an entire Flicker stream of his stolen art. You can understand why people would want to steal his images – his artwork is unique and very desirable. The problem is that the people copying his art are doing it for their own financial gain without his permission.
WHEN IT’S OKAY TO COPY SOMEONE’S WORK:
I wrote an article titled Is your art an Influence or a Knock Off about the virtues of being influenced by an artist before you, and how beautiful it is to pass that influence onto the next generation. So you might think that I’m contradicting myself with this article.
Let me be clear: There is a distinct difference between having your art and style influenced by another’s work and downright copying another’s work and selling it, without permission.
Drew Brophy Kyle Goodwin Collaboration
TO HELP YOU LEARN: If you are learning to paint, imitating the paintings of your favorite artist can help you to develop better techniques and to gain inspiration. If you don’t plan on selling these paintings, there’s no ethical issue by doing this.
FOR PUBLIC WORKS: Community beautification projects can benefit from the works of an established artist. Recently we were contacted by a public school asking permission to copy one of Drew’s underwater paintings on the side of a building. We happily gave permission.
COLLABORATION OR PARTNERSHIP: Partnering to collaborate on a unique piece of art is exciting. In this case, you have the full participation of the artist that you are working with. An example is of glass artist Kyle Hunter Goodwin. He is extremely talented and is constantly challenging himself with new projects. He asked if he could take Drew’s pirate painting and create a large, glass carving of the image. He offered a percentage of the sale. The result is a great piece of artwork and everyone benefits from the partnership.
WHEN YOU GET PERMISSION: If you plan to sell the art that you’re copying or deriving from, always ask permission and give the artist written credit. Offering to pay them a percentage of your earnings is recommended. That way they are getting something out of it, too, and it’s a win-win for everyone.
WHEN IT’S NOT OKAY TO KNOCK OFF SOMEONE’S WORK:
There can be serious problems with copying someone else, without permission, and passing it off as your own. They are:
CONFUSION: You are causing confusion with the public. People will see your art and confuse it with the other person’s. This does not help either one of you.
DIMINISHES YOUR RESPECT AS AN ARTIST: People may not respect you as an artist. They may claim that you can’t do it on your own, that you have to steal from someone else. This does not contribute to your success.
STUNTS YOUR GROWTH AS AN ARTIST: You will never grow as an artist if you are outright reproducing someone’s art and style. To grow, you must challenge yourself and cultivate your own look.
ILLEGAL: If you are knocking off another’s work for financial gain, you are violating copyright laws. You could be sued and/or get very bad publicity from it.
YOU’LL GET SHUT DOWN: When you have an account on Esty.com, Zazzle.com or similar sites, you’ll have your account shut down if they get complaints about you selling copied images. David Lozeau has shut down a few sellers on Etsy.com that have stolen his artwork.
WHAT TO DO WHEN YOU ARE ASKED BY A CLIENT TO COPY SOMEONE’S WORK:
It’s an insult to say to an artist “Hey, I like your work, but will you copy this other guy’s art for me?” It can also be illegal. But some people aren’t aware of the ethics of it all. As an artist, it’s up to you to educate your clients on this.
Occasionally we’ll have a client ask Drew to paint someone else’s art for them. “Here’s a copy of what I want painted on my surfboard.” They hand us a printout of someone’s artwork. When this happens, Drew will let them know that he will be happy to paint the subject or theme in his own way, in his own style.
When someone asks you to copy another’s artwork, tell them no and then give a suggestion as to what you will paint instead, in your own style and of your own design. Let them know that you don’t want to break any copyright laws. Once you point that out, people understand.
WHAT TO DO WHEN YOU’RE WORK IS BEING COPIED: You’ve worked hard developing your own style and creating a name for yourself in the art world. You’ve put in the 10,000 hours it takes to find success, and you are reaping the benefits.
But there’s a problem that comes with the success. Others, artists or companies, are copying your work. You find out from other people. A friend e-mails saying “I saw another one of your knock offs today.” It’s frustrating to see that someone else is riding the coat tails of your success. And they aren’t even thanking you for it!
They say that imitation is a form of flattery. When people copy you, it means that you are impacting people with your art. If your art wasn’t striking a chord with people, no one would pay attention or want to emulate you.
But on the other hand, it’s confusing others. Some people are mistaking the unrefined work of that emerging artist with yours. And you don’t want that.
Every time we walk a surf industry trade show, we find Drew Brophy knock-offs. This past February at ASR in San Diego we found his “Joe Tiki” drawing on skim boards. I didn’t let the infringer know who I was until after I took his photo (see photo to the left) then I announced that he was breaking copyright laws. I followed up with a Cease & Desist and he apologized. Apparently, one of his customers gave him the artwork without saying that it was stolen art. It ended nicely.
You can stop it by sending a Cease and Desist letter. I’ve put a sample letter at the bottom of this post.
If that doesn’t work, you could hire an attorney. The bummer is that attorneys cost a lot of money, sometimes more than you’ll get if you sue. I would take that route only against a large company that is selling large quantities of your knock-offs. As a last resort, you could always hire your cousin Vinny to take ‘em out at the knees! (It may cost less than an attorney, and be more effective.)
For more suggestions, read What to Do When Someone Steals Your Content.
IF YOU MUST KNOCK OFF SOMEONE ELSE:
Nine years ago I was abroad and met a surfer who was painting surfboards at a surf camp I was staying in. We were talking and he sort of apologized and said “Drew has been a big inspiration to me. I have to admit, a lot of my clients ask me to copy his art. But when I do, I always write on it that it was a copy of Drew Brophy’s.”
So let’s say you copy the artwork of a living artist today. You do it because you want to learn more about painting, and it’s for your own collection. Or you copy someone’s art for a paying client.
So that you can live with yourself and save some embarrassment, and maybe even a lawsuit, here’s what you do:
1.) Sign the artwork with a statement that says “Copy of (Artists name here) design by (your name here)”.
2.) If it’s for sale: Get permission.
3.) Be careful of what your client’s ask you to paint: If a client hands you a picture of something that they want you to produce, confirm that it’s their own design. If not, require that they get the written permission of the artist who first created it. Keep this written permission in your records to protect yourself.
4.) Offer to pay the artist a percentage of your earnings.
I have a few caveats to this idea of not allowing for duplication of your artwork. You’ll notice that throughout this post I refer to artwork taken without permission for financial gain. This is where I have the problem with people duplicating art.
When it comes to sharing your art, I have a completely different viewpoint. I love the idea of spreading art around the world, allowing others to use it freely for their blogs, magazine articles and printing it out and taping it to their wall. It’s a true benefit when a writer takes an image of yours and posts it on their blog, with links to your site. I see that act as a win-win for all.
When in doubt, use the Golden Rule. It says do unto others as you would have them do unto you.
Please, share your comments in the section below. I’d love to hear your experiences with this.
Respectfully Yours, Maria xxoo
SAMPLE CEASE & DESIST LETTER:
I’ve paraphrased a sample letter from the HANDBOOK: PRICING & ETHICAL GUIDELINES, 12TH EDITION and combined it with my own attorney’s much shorter Cease & Desist letter. You can use this as a template and make changes to it as needed.
Dear (Insert infringing Artist or companies name here):
I’ve become aware that you have made an unauthorized use of my copyrighted Work (herein referred to as Work) entitled ________. Please be aware that I have reserved all rights in the Work, which was first published _____________. (If you have filed a copyright, include “I have registered copyright for the Work on _______________”).
Your work entitled ____________ is essentially identical to my copyrighted Work.
As you neither asked for nor received permission to use the Work, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(C) (2) therein.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of the same, and that you deliver to me all unused, undistributed copies or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future.
If I have not received an affirmative response from you within 15 business days of the date of this notice, indicating that you have fully complied with these requirements, I shall take further action against you.
Sincerely,
_______________________
.
Great article, Maria!
I think copyright issues and copying are huge issues for artists.
A couple of months ago I heard from a curator friend that an artist in my area was producing works closely similar in style and exactly similar in theme to some of my originals from a couple years ago. I ignored this until a last week when I looked on her website and sure enough, her new works were quite similar.
This is annoying, to say the least, but she did not infringe on copyright.. She went right up to the edge. After thinking about this, I’ve decided to let it go for now. My style is quite distinct and she would have been hard-pressed to replicate it to the extent that I would have had to take steps. i was simply happy that I have a BFF in the art world who was paying attention and loking out for me, much like you are looking out for all of us!
Thanks, Maria and keep up the good work!
Sandy, thanks for the comment. The thing about someone using your style – you can’t stop that, unfortunately. But, hopefully, the person will get their own thing going eventually….
I think i know the answer to this question, but. If i create an original drawing of Tinker Bell in my own style and wish to sell it, would I be violating Disney’s trademark?
I’ve saved a copy of the Cease and Desist letter in case I need it. thanks.
Recently, I found the use of my published poetry by an online porn site. They changed a couple of lines in the poem but still used my full name on it. I have a Google alert set for my name, that’s how I discovered the misuse. There was no contact info of any kind on the porn site so I could not send a Cease and Desist letter as I had wanted.
A few months ago I visited the Andy Warhol Museum when Shepard Fairey had a large exhibit there. Fairey used many famous faces with probable photographic origins in numerous art works. I personally think that it is fair use to use a news photo. The photographer was paid for his work. Why should the photographer also get a cut up the artist’s income too? That’s my opinion. I am totally on the side of the artist not the commercial news photog. The photographer in this case could have become a very important person culturally had he made friends w.the artist rather than go the legal route,IMO. What if Cambell’s soup company had taken Andy Warhol to court to stop him from using their soup cans in his art!? Lots of animosity when it can easily go the other way with a different frame of mind…
Marie, wow, having a porn site use your poetry AND name? That is so blatent! Sorry you have to deal with that. There’s a way to fight online infringement using a method called DMCA. I’m not real familiar with it because I haven’t had to use it yet, but I have heard it’s very effective in shutting down a website if they don’t comply.
The Fairey thing was this: He didn’t use a news photo, it was the photo of an artist, owned by the artist, not the AP. Maybe it was a mistake. I’d like to see the owner of the photo get recognition. All artists deserve copyright protection and recognition for their works. I love the idea of artists collaborating and sharing in the glory.
Hi…Wow! Brilliant! Very thorough.
OK, here’s me.
I think the use of the word lowbrow is funny…Thank you for that. I’m not sure what lowbrow means exactly but I’m going to research the genre. Phew! That style of art has been scaring me, thanks for taking it down a notch.
2) Copying from photographs really irks me. Don’t care if its yours or someone else’s…The act of tracing from a photo mechanical reproduction does not fall into the category of art for me. Plus, it always looks flat.
3) Copies in general are too much in this world. Prints, permitted knock offs, digital…etc. Even permitted works should be scrutinized- did the artist really need to give permission for that? Just cause permission has been granted does not make the work good- additional quality controls may soon of needs be enforced. I mean, one artist signed 20 thousand prints of his works- like, 20 thousand prints???
4) John T. Unger had an Amish guy copy his firebowls exactly & was selling them. Cease & desist letter sent. Amish guy sued John saying Amish guy was allowed to copy firebowls & sell them, because firebowls were common or something to that effect. John had to defend himself in court. Lots of money. Defend his right to copyright. Unbelievable but true. Apparently if he didn’t defend himself, the Amish guy wins. Stupid.
5) Anyways, THANK YOU. Big topic, love that you took a bite. Brave.
Sari, Thanks for your opinions and you gave me food for thought. I’m familiar with John Unger’s case (was on the phone with him last night) and boy was THAT a big F@#* UP! I should write about that sometime….
Wikipedia’s Definition of LOWBROW: Lowbrow is a populist art movement with origins in the underground comix world, punk music, hot-rod street culture, and other subcultures. It is also often known by the name pop surrealism. Lowbrow art often has a sense of humor – sometimes the humor is gleeful, sometimes impish, and sometimes it’s a sarcastic comment.[2]
I just wanted to share this:
It happened a while ago, that a teenager won an art competition by copying another artist´s work. It took a while, and a lot of people complaining on the net to get an answer from the organization… but finally they disqualified her ( http://democratherald.com/news/local/article_f79eacec-571a-11df-b46f-001cc4c03286.html )
Maku, thank you for this link. I read the story – it’s sad that this young lady had to make such a big mistake early in her career. But, she learned from it, and so did many other people who read the story. They should teach you in art school about the ethics of copying other’s works.
I received Drew’s DVD and paint pen pack as a gift last year (love it) and during my first few months with it I produced several wave painting’s that I wouldn’t say are copies of Drew’s work but they definitely imitate his style closely. I have never and would never sell any of these but I did give several of them away as gifts to family and friends. Anyway, your blog is awesome and full of great information keep it up! You should compile all your writings into a book and sell it, I would totally buy it! Take care.
Josh, I’m so glad you’re having fun with the paint pens! Drew’s art has been a great inspiration to so many people, and he loves it.
I want to be clear that this article is about outright copying someone’s designs and selling it as their own.
People who are inspired and maybe even painting somewhat like their favorite artists will eventually grow beyond that into their own. And that’s great – it’s an evolution of sorts.
Thanks for reading and keep on painting and having fun with it. Drew would be flattered that you were inspired by him.
I happened upon this great example to add (a little late) to this discussion.
artist Roy Lichtenstein was never sued–and it gives his source image:
http://en.wikipedia.org/wiki/File:Roy_Lichtenstein_Drowning_Girl.jpg
DMCA–what does the acronym stand for? (also late in getting to that)
Marie, http://www.elsinoremusic.net/a-copyright-violation/
re:Lichtenstein…Read some of the comments at this link- one in particular points out that things artists used to get away with, are now less easy to get away with- mention of Jeff Koons losing a case & more…Also, the key was the student did a derivative work in school, but a record company wanted to use it-which then became a no-no…Sticky…(suggestion is also that the original source comics were in public domain at the time of use)…
DMCA is digital millenium copyright act, another morass that is still being created…
Marie and Sari, thanks for more info on this topic. I’m confused about “fair use” as a defense for artists taking other artists works. If you read the definition of fair use it’s for education and news reporting, not for personal financial gain. I suspect I’m missing something here…
Artists who are taking other artists work without permission is leaving themselves open to a whole lot of criticism. Sometimes that can be good for publicity – or it can just create something else that’s a little more negative.
It’s worked for a few pop artists in history. And hey, if it’s working for you, it’s working for you. I realize I have a lot more to learn about this topic. There are some compelling arguments that the “fair use” artists have. I just can’t get past someone being okay with taking from one artist without sharing in the credit. It seems a little greedy and unethical. But again, maybe I’m missing something here…
No artist is the starting point! Like glass artist Dale Chilhuly is suing another glass artist for making similar work. Chilhuly took all his forms from nature–shells, gourds, fish, fruit on and on…He’s had so much success from those forms, can’t he share them with another artist? Does he own the copyright on those organic forms? No. It’s like a musician suing another musician for using the same notes in the musical scale he used.
All things are related. It is not possible to create something that does not relate to something that exists in the world. We all accept there are similarities, shared influences. When some artist sues another it goes against that sharing…IMO.
Did the photographer in the Shepard Fairy case pay Obama a modeling fee, hire a studio, pay an assistant to set up lights? No, he snapped a public personality. Look at all the negativity his law suit has engendered. He should be ashamed of himself, IMO. He’s the one trying to make millions and ruin anther artist.
I read about the Jeff Koons case long ago. It hinged on loss of income for the photographer. IF the photographer had made more money as a result of Koons make sculpture from his photo, he would not have sued, not won. His career would have gotten a boost.
If every time an artist wants to paint a still life of objects on a table, or a photographer take a pic of such, and they have to worry about copyright infringement, then that would be a dangerous situation, IMO.
If grape growers sued, banana growers sued, wineries sued for that bottle of wine in that pic etc etc….
http://www.bleedingcool.com/2010/05/20/brian-bolland-takes-on-erro-and-wins/ Here is an instance where the original comic book artist wrote a long response to the use of his work, & the artist’s agent complied…
Looking back at the differences between Lichtensten’s image & the original comic book panel, you can see the hair on the woman was black now changed to blonde, the skin tone on both figures changed from sepia to rosy pink, the simple tear changed to a white white- also Lichtenstein’s method was- he traced from the comic, projected his own sketch onto a large canvas, corrected the image for size & scale, then added pixilated large dots (called “Lichtensteining”), which he later used on other styles of art he appropriated…
I have always wondered about his use too, Maria- but I guess people felt he changed things enough-plus his overall message was different…There Are instances where artists Did get upset with him, if you look hard enough through the search results…
Personally, I think discussions regarding copyright are healthy & cause the audience to look deeper at works- & often, the lawsuits draw attention to very important subjects, like forgeries, & fake signatures on common prints to escalate prices, for example…
The underlying sub-text is HOW it is done- with what Intent…Like any court case…The guy that copied Chihuly had bad intent…This was known…Intent makes the difference…I think…
Yes, it did seem kind of nasty to copy Chiluly, yet everything successful is … Nike shoes spawned tons of companies– to get away from art.
I don’t think someone else can be stopped from blowing glass.
I wouldn’t do it, personally. I have my own personal ethics.
I think it would be hard to prove the guy had malicious intent the entire time he blew all that glass. There are plenty of unethical people out there and some of it is borderline. Others are doing their work, their art and should be left alone…IMO
I AM A WATERCOLOR GOUACHE PAINTER. A FRIEND SENT ME PAINTINGS BY DEAD JEWISH ARTISTS, SOME DIED IN THE HOLOCAUST. I PAINTED SOME OF THEM AND THEY WERE IN MY OWN STYLE AND I INCLUDED THE NAMES OF THE ARTIST, YOU KNOW LIKE PAINTING AFTER SO AND SO. I NEED TO WORK FROM PHOTOS TO GET MATERIAL, LIKE FROM NATURE PHOTOS FROM THE SEIRRA CLUB. I HAVE PAINTED OUTDOORS TO BUT WHEN I USE PHOTOS THEY COME OUT NOT AS COPIES BUT IN I OWN STYLE. IS THIS STILL PLAGERISM?
One of the reasons I cite The Golden Rule in this post is because even if the artist taking other’s work is in a legal right to do it, would they be happy if it happened to them?
With regards to using the work of photographers: Most photographers risk their lives (surf and wildlife photographers) or go to great trouble to get their photos. It’s not easy getting a good photo of a public figure.
I have great respect for the art of photographers and I agree they should have the same legal rights to their copyrights as any other artist.
The many cases of plagiarism and copyright infringement on this topic are confusing – unless you’re an attorney, you might not get all of the legal arguments. But again, forget about the legal issues. Just having respect and consideration for your fellow artists would be enough to end the problem!
Collaboration is a great way to go. Ends all the arguments and all parties benefit. That’s what I’d be happy to see.
I sent a musician friend a pirate copy of one of his albums. He stated that, “he was happy to see some one thought he was good enough to copy”. I use to be a folk musician and it hurt my heart to see old folk songs copy written by people who hadn’t even been born when the song was created.
The old master painters copied each other’s work often. Under present law they could not.
I am not condoning rip offs, but big business kills art. I think we all have been influenced to use a similar style of subject as another artist. Bob Dylan admits to it. I think one should be polite enough to ask permission and send the original artist rough sketches of what you have in mind. Many time with my own works I get into, “what if I did this”? The end result usually is much different from my original work.
Before every one decides to lynch me – Ia few years ago one of my painting won an International Competition, Only one thing, it was painted and signed by someone else. As that Country us not signatory to the Copy Write Laws nothing could be done. After muttering a few choice words under my breath I still liked the painting.
Thank you for your existence! Your site is a wealth of information that would have taken me hours to find across the web.
I recently painted a mural for my husband, and now my family and friends are encouraging me to paint more, and since I was laid off, it would help our financial situation. I’ve looked up other muralists in the area and 99% use Disney and other well known movie characters, company logos for a game room theme, so on and so forth.
Immediately I know a lot of people will want these types of things recreated–especially for kids rooms–and I don’t feel easy about it. ESPECIALLY copyright laws and liability. Last thing I need is to get sued for what pennies I have left.
Here’s my hypothetical question: If a mom wants, for instance, a Tinker Bell room, and they are persistent, is it possible to have them sign a type of Waiver of Risk–where they agree to take 100% responsibility of copyright infringement, should it come up? Thus removing me from that risk. Then after full disclosure, agreement, and signature, paint it, and of course add the made by ABC Artist, painted by Me credit?
I don’t mean for this post to upset anyone, but I’ve always been told, you can’t advance if you don’t ask.
Thank you so very much,
Sara!
Sara, great question! Here are a few of my thoughts regarding painting a mural that contains (c) and Trademarked images owned by a large company:
Legally: You could be sued because they own the rights to Tinkerbell
Realistically: If you paint it in a private residence, most likely no one will know.
I’ve seen many of these murals in doctors offices, etc. and yes, I wonder if the artist got permission? Probably not, because the cost of being able to reproduce the images would be prohibitive.
But, if you want to go ahead with the mural, I like your idea of having the client sign a document stating that they are fully liable. I don’t know how that would hold up legally…I’m going to do some more research on this topic.
Or, even better, you could suggest that you paint your own version of fairies and a Tinker Bell. Your version is probably better, anyway!
Let us know how it goes. I’d love to see the finished result!
When I was an art student, one of my painting instructors was known for his paintings of realistic and recognizable street scenes only with Mickey Mouse standing on a street corner or Mickey Mouse doing something in particular. He had many variations and was obsessed with putting Mickey Mouse in all of his paintings. A good painter except for the Mouse obsession. He thought that incorporating Mickey ouse into all of his paintings would make him famous. He said that there were a few other guys around the US who had the same idea of putting Mickey Mouse into their paintings too and made such paintings.. Disney Corp. never sued any of these artists. Now if they had mass produced a product with a disney character on it without permission, then they would probably have been sued. As far as a mural in a kids room w/disney characters painted in it. Not likely that in the privacy of someone’s home anyone from Disney Corp. is going to care, gain access to see or or take any legal action. Does Disney offer home mural painting service? I don’t think so. So you are not cutting into their business. But if it bothers your conscience to paint disney characters then why not just design your own characters for your murals and not paint disney characters at all.
Thank you SO VERY much! And I’m more than impressed at how quickly you and Marie replied. I hadn’t thought about the copyright laws until after I painted a NFL team on my husbands game room wall. After family and friends said I should do more, I’ve done the research, and the licensing from these large corporations is indeed prohibitive–and legal action can be astronomical.
You may have already covered this somewhere in your magnificent site, and maybe others who read this can also reply, what is the best medium for murals? Paints (Interior, Exterior, Acrylic), spray painting (the non-can kind), etc? I’ve never used spray paints and am curious to learn how. IF you do cover that waiver of risk topic, I’ve signed up for your feeds so I can read it asap.
Again, magnificent!
Thanks,
Sara
Sara, I think I was typing my comments at the same time Maria was typing hers. We said kind of the same things1
Please visit my blog : Artist Marketing Resources
here’s the link: http://ArtistMarketingSalon.wordpress.com
There is a link under Art Business in the right sidebar:
the link is DEFEND ART is a legal site for art info–and you can ask questions there too (wanted you to know where to find it for future use and tell you artist friends about my blog too). Best wishes
Someone has got to say this…
First of all, the mural you did for your husband was ok because no money changed hands…It is not ok to do anything more in that category of using copyrighted imagery if you are trying to charge money for it…
Second of all, honestly, art is NOT something people do to earn money…If you are short on cash just about Anything else in the world is easier to earn money at than art…You may end up spending more than you already are just on materials & learning mistakes…really…
Third, there are many many issues with murals indoors, especially in homes for children- spray cans are dangerous both from airborne issues & aerosol issues, & even regular paints need to be very low toxicity & be able to not offgas in humid high temperatures…With the advent of new stick-on the wall poster technology, people can upload images & have them printed & mailed to them to stick on their walls…(posterjack.ca does this…) Extensive themed shaped stick-on murals can also be ordered from companies like Infectious.com for many uses, including cars…
I have to respectfully disagree with you, Sari. I’ve made money for years as an artist and now am relying on it for most of my income (due to the fact that no one is responding to my graphic design resume). There are many many people who make money doing art, and if that is someone’s passion, they should do it. I’ve tried for years to do ‘real jobs’, and I have made my (blank $ per hour) wage (which is, of course, gone), but have been miserable. Now that I’ve discovered several niches, including art licensing, I’m making a business out of it.
Regarding Disney, yes, a non-paying residence you could get away with, but I would not build a business on doing Disney art. Their legal department are bulldogs, and it is their work, after all. The plethora of stolen Disney images by others do not make it ok. 🙂
Sari, I recognize you’re very, very knowledgeable and can mutually agree: it’s possible to learn something new everyday. …below is an informative link that is factual and not a debatable opinion in return.
Top 10 Most Popular Art Careers:
http://www.guidetoartschools.com/resources/popular-art-careers
…to quote a very inspiring and successful professional:
“My vision: Is that all creative people get to live the life of their dreams. (And make good money doing it!)” -Maria Brophy.
Always thankful,
-Sara.
WHEN DOES A COPYWRITE BECOME EXTINCT?
THERE IS AN OLD PHOTO FROM AN ARTIST, NOT VERY WELL KNOWN, BUT FOUND IN A MAGAZINE,,,PAINTED PROBABLY IN THE EARLY 1920S…………………I WOULD LIKE TO PAINT THIS PORTRAIT,
BUT UNSURE OF COPYWRITE LAWS FROM 1920S……
PLEASE ADVISE..THANK YOU, DORIS
Hello,
I love this style painting (Maria Carluccio of Oopsy Daisy) and would like to paint a different subject matter but in the same style. Is it okay to sell the painting or is it considered wrong?
Thanks,
Very new artist
Margie, thank you so much for your comment! You cannot copyright a style, so the answer to your question is this: It’s okay to paint in the style of another artist. However, I would encourage you as you continue your artistic path, to evolve from that style into your own. Many successful artists started by emulating the styles of their favorite artists, and then morphed that into their own.
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Hi Maria et al – I’ve recently discovered that there’s someone who is creating mosaics on surfboards that look extraordinarily similar to my own. When I did an online search and discovered who it was, I realized that he had emailed me in the past – first to find out how I make them and how much they cost and then later to start a discussion about wanting to buy one. The discussion never went any further than that, but now, about 9 months later, I’m looking at a couple of surfboard mosaics online that he made and is selling on craigslist and marketforfree. They’re not exact copies of my boards, and I don’t think the quality is as good, but they are close enough to my designs to at least call them imitations. He doesn’t have a website that I can find, though he does have an Etsy account, which so far, is empty.
So far, I haven’t contacted him and at this point I’m looking for other opinions on how to categorize his work, and whether it’s worth contacting him. Is it plagiarism, or just copying my style? These links are to an image file that compares his work and mine, and to a pdf of his current craigslist ad where he is asking a couple thousand dollars for his board.
http://surfboardmosaics.com/imitations/surfboard_mosaics_imitations.jpg
http://surfboardmosaics.com/imitations/surfboard_mosaics_imitations.pdf
Any input would be appreciated. Thanks, Philip
Phillip, Thanks for your comment. In this case, where another artist has emulated your style, but hasn’t outright COPIED your artwork, there’s nothing you can do about it.
There are many artists doing similar artwork on surfboards – you just don’t know about most of them.
If I were you, I’d let it go and forget about it. There’s nothing legally you can do, and in my opinion, having someone else out in the world doing similar work as you isn’t going to hurt you in any way.
Hopefully, as time goes on, this artist will eventually morph into his own style. That often happens over time.
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I am not art-trained, just did a couple of afternoons making a mosaic at a community centre and fell in love. I have been making mosaics for 4 years now and can’t stop. I get annoyed seeing people say inspired by- when it is actually copied from. Lets use our words!
I learned that Artists learn by copying from some greats and others, and even that sits wrong with me- as most of those people are dead and not able to give permission. Who knew….
I wrote an article on my little blog about it because it got under my skin too…
http://mosaicartbykarenbaker.blogspot.com/ Copyright and who owns the sun anyway…..
I disagreed about your earlier comment saying that it is okay to paint Disney characters in someone else’s home. Disney make their own decals for decoration of children’s walls- they should be the beneficiary of their images. One could claim there is no financial benefit from doing it, and doing it free -for a friend, but there is the visual benefit, and that is what the money is for- to enjoy the association that those lines and bits of colour represent to the viewer. Well known and trademarked images are a no-go-zone.
I recently tried to copy a Lichtenstein work- The Kiss- just for the “lesson value” that I am told artist’s get … It is on my wall- just black and white- didn’t use the colour…. but to me it is his work, and even somehow appropriately or not there was always the contention that Lichtenstein had copied his works from comics anyway. I am not sure that I received any artistic benefit from the copying process- that will benefit me in the future- but I got a great big Kiss painted on a canvas on the wall- and that is the benefit I should pay for….. Will I rip it up, burn it or sell it? None of the above! Maybe I will try and mosaic it and I will understand better the reason why people copy……
Interesting thread I came across Googling other stuff…. 🙂 Karen 🙂
One of my friend wants me to draw a celeb for him and he’s paying me to do it not to buy it from me or something is it still plagiarising?
Thank you for making this very clear! It’s sooooo helpful. I am a mural artist….. Most of my work I do for fun and for camping ministries and schools voluntarily. The pieces I get paid for, i only do my own style or artwork entirely.
The REASON I read your info is because I am tring to figure out if it’s ok to DONATE mural copies of Dr. Suess, Disney and other famous artist’s characters without actual permission so long as I DO NOT profit from it? These well known characters are often requested in children’s areas.
I should but I don’t make a living with my talent as an artist, I mostly tend to give it away because I love the ministry and I love to paint… so I do. Do I really need to get permission or sign that Walt Disney is the origonal artist when the characters are already sooooo well known?
JMA, I would say this about Disney characters: Disney has sued artists before. I know of two artists from Florida who were sued for creating art around Mickey Mouse. They lost the suit, and it cost them dearly. Now, would Disney bother suing you for doing this for charity? I’m not sure if they would waste their time. But I’d be careful! You could try to contact Disney and Dr. Seuss licensing divisions and ask permission. It’s worth a try.
love your posting
had a question.
I’m a stained glass artist. Actually do it part time as a hobby and rarely sell any work. I’ve done some of my own designs and copies patterns from others; but not for the intent for sale.
The question I have is I’ve been asked to exhibit a few pieces in a public space. I’m interested in doing it to get my work noticed but would like to display some of the pieces from the designs I’ve copied
This might help me make/ sell future pieces, that would be custom designs.
If this some that is an accepted practice? Just curious.
Ron, thanks for the question. I strongly advise against placing artwork you copied from other artists in any exhibit or gallery. It is something that is greatly frowned upon. UNLESS: You have the permission from the artists you copied, and you give them credit in the description of the piece. I hope this is helpful info to you!
Thanks for the articical it was very well written, i just have one question:
If your work is similar, but is not copied off, is that against the rules?
Hi Maria,
Last comment was 2 years ago so I hope this is still up.
I paint acrylic on canvas of various things: Photos of landscapes/animals/people, comic book art etc. I video-tape myself painting these pieces then I edit the video into a 3-5min clip of the work I produced, almost like a speed painting. The original work is not of my own but the video of how I did it is. I want to post the videos of these paintings online, but have no intention of selling the works I painted.
Could I be sued for making the artwork and posting a video of it even if there is no financial gain?
If I were to upload these videos on Youtube and in the comment section put: “Copy of (Artists name here) design Me”, would this be ok?
I appreciate your help,
Kevin.
Well I have other designers copying my work left and right on Zazzle. I reported a shop to them and not only did Zazzle NOT take down their work, they are started promoting this artist soon after and now her stolen designs are outselling my original designs.
I recently made some cute images of me and my family members’ heads photoshopped over the heads of famous Renaissance paintings. I’ve had a few people tell me they wanted some as well. Am I legally able to sell something like this to individuals?
Hey Michelle, it’s okay if the art you are using is in the public domain.
Hi, I have a problem and I am not sure what to do about it. I have 3 original paintings that I gave a store owner and he made prints and framed them. He printed 12 to start with and all sold. He gave me $30 for each painting sold. After that he printed 24 and had me come in and sign them and pre-paid me for 6. About 4 months went by and I didn’t hear from him. I finally called the store yesterday and the lady that runs the store for him told me that he said I wasn’t going to be working with them anymore. She said all but 4 of the paintings have sold. I did sign a paper that said I gave him permission to make those prints but I’m not sure what to do at this point. I hate to confront him. I have no way of knowing what is happening unless I call or go into the store. He won’t return my calls.
Dear Pamela,
1st: Did your written agreement state when he would pay you for the prints? (for example, 30 days after the sale, or quarterly)
2nd: Did your agreement have an end date? (For example, he has 2 years to print your art)
The agreement is important in the beginning because it will lay out how everything will work.
NOW what to do: Bill him for the remaining amount of $ that he owes you, including the 4 prints that haven’t sold yet. Then, send a cease & desist letter stating that he can no longer print your art without your permission.
Don’t worry about confrontation – you can have a conversation without confronting. Ask him if he no longer wishes to print your art. If not, that’s fine, have him pay you the remaining amount that’s due and then send a formal cease and desist notice, confirming your conversation with him.
In the future, make sure your agreement has a start and end date, a due date for payment (monthly or quarterly) and a way for you to cancel the agreement in the event they stop producing your prints.
I hope this is helpful!
Can you tell me please, i have found a girl who is painting plates & cups with winnie the pooh, tigger, piglet, cars etc. I got in huge trouble for painting & selling these characters so have stopped doing them. I have tryed to tell this girl its illegal to paint disney copyright stuff & she is claiming she has changed the picture by %10 so its ok??? when you look at the plates you can clearly tell its pooh bear or piglet etc-so is she breeching copyright? someone asked her to paint a disney cars set & she has agreed-is this allowed??
Years ago when Mad comics came out they did a section called Walt Dizzy and called MICKEY MICKEY RODENT. ALL THE CHARACTERS WERE THERE IN FUNNY SITUATION. I ALWAYS WONDERED IF THEY WERE SUED, ALTHOUGHT THE WORK WAS BRILLIANT AS ALL THOSE MAD COMIC ARTISTS WERE.
Great article!
I do have a question about plagiarism, however, I don’t want to “throw anybody under the bus” on the internet and don’t feel comfortable posting the question, Is there another way I can ask you? Can you maybe send me an email? Thanks!
I recently found out that someone had copied one of my drawings and included it in a graphic they created to win a contest. I’m not sure what ground I have to stand on since they altered it slightly and included it in a graphic with photoshop, but I have sent an email to the contest website informing them of the possible plagiarism. Thank you for your Cease and Desist letter. It may help me in my future case with this issue.
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As always such a great wealth of information Maria!! I’m dealing with some major copyright infringement issues right now and used your blog post to highlight the do’s and don’ts on my own blog to make people aware of the situation of copyright infringement, thank you!!
http://meganduncanson.blogspot.com/2013/02/paint-party-studios-and-illegal-copying.html
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Gah! Just found out there’s an “artist” in the UK who’s selling copies of my work! And to add insult to injury, her work sucks! I’ll be reading your posts on the subject, Maria, to see how I want to handle this. >:(
Cal: I think it’s always a good idea for an artist to have an intellectual property lawyer, but my experience has been that if you’re selling it as that character, even if it’s your style, it is a trademark infringement. Now, I’ve been to tons of comic shows where I see artists do this all the time with the hot tv show or cartoon character. Most of them are never caught (though there are some shows which specifically require this type of art to be ‘licensed’ and that you can prove it). Even if they’re not caught, though, it’s still wrong. I know Maria is well-versed in this too, so I’d love to hear your answer, Maria!
Hello, one friend want to paint a work of a Brazilian painter and sell it, my friend will include the artist’s name indicating that he is the original author and a biography of the author, you think that is enough?.
I would like to use a Thomas Kinkaid painting for a stained glass panel for my home. Is this fair use or a copyright violation?
Dear Margaret, Thomas Kinkaid art is NOT in the public domain, so technically, you would have to get written approval from his estate to use it.
HOWEVER, if this is for your personal use, and you are not selling it, you are not at risk of being sued.
Thank you and notify me of your answer via my email
Or you can post an answer here. Thanks
Hi there,
I hope you will be able to help answer this question. I made a photograph about 4 years ago a picture of my daughter. An artist friend of mine asked permission to use it so she could make a painting. The painting is finished and now it is being put into the Florence academy of art booklet. She seems to think that because it is her painting she owns it and now she can sell it. Even though I gave permission to use it to paint from, I did not agree on her selling it, and now it looks as if she is gainning recognision from a painting of a photograph that I orginally created. Can she sell it? or where do I stand? When I confronted her about it, she got very defensive and said it was hers and she could do what she wanted cause she spend 2 months painting it…. Please if you can answer this question I would like to find out as I cannot see it anywhere.
many thanks
siobhain
Dear Siobhain, thanks for the question.
It’s unfortunate that you have found yourself in this situation. In the U.S., you legally cannot use someone’s photograph for commercial use or sale, unless you have written permission from the copyright owner. I’m not sure if this is the same where you live.
In the future, make sure that you have it in writing what someone can do with the photograph you allow them to use. This way there is no mistake.
For this current problem, you can do one of two things:
1 – Write a letter to the artist, asking her to pull the artwork from the market place. Tell her as copyright owner, you do not give permission for her to sell it commercially.
or (This is a better option, in my opinion)
2 – Talk to the artist; tell her that you will give her written permission to use the image commercially, however, require that she include your name in the sales materials as the photographer and that this was a “collaboration”. Use this as a way to get recognition along with the artist. You will benefit, and the artist will benefit as well. It’s a win-win all around.
I hope this helps – let me know what you decide!
I found a website that sells copies of Thomas Kinkade paintings done by Chinese artists
I have encountered several people who have tried to replicate and or otherwise copy my work, I feel very offended that they would not use there own artistic mind not a copy of my art…I do not know how to address this without being to rude?? I wrote a letter on my page stating that artist get somewhat offended when they are being copied, I even had one of the women ask where I obtained my beads and pendants from…I create most all of the things I make in my own artistic way..but just said I get the in various places….wow!! The simple nerve of some…
how do I get a copyright to any and all of my designs..
Are there any specific points to know about plagiarizing? I am new to painting and have a picture on my wall, purchased in the early 90’s. It is not hand painted and does not have a signature. It looks like a “printed” pin and ink, shaded with color. It was purchased in a furniture store and is an arrangement of flowers tied with a bow. I love the composition and colors. I would like to use the composition and change some of the flowers, etc. I want to enter my rendering of this “painting” in an art show, although, not for sale, just show. How do I know what I can legally and ethically do with this “painting”? Do I need to rearrange the flowers, etc.
Thank you for any help you can provide.
Hi Maria!
Is it ok to take someones photo and alter it and change it in Photoshop to kind of make it your own art? I would like to grab some pics from sports games and then distort and crop and retouch – recolorize etc…I know some artists in past have taken zeroes of published things and collaged and colorized over them…
Thanks!
Dean