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Reggie Rivera

9 Years Ago

Copyrights, Royalties For Derivative Works

I'm from Seattle and new to FAA. I noticed images of the Pike Place Market, the Space Needle, and the Experience Music Project being sold on FAA. Do these artists have license agreements or permission with the copyright holders to sell their images? Would my paintings be legal to sell on FAA? Attached is a painting of mine, I appreciate your legal opinion.

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David King

9 Years Ago

How do you know the sellers aren't the copyright holders?

If the painting is based on your own reference material, (in other words it's not based on someone else's photo.) then you are okay. Is that really a painting?

 

Mike Savad

9 Years Ago

its usually safe to do as art, but not as stock. that looks more like a photo than a painting - did you take that image yourself.

it's about trademark btw. copyright is something else.

---Mike Savad
MikeSavad.com

 

Reggie Rivera

9 Years Ago

Yes, it's a painting, acrylic on canvas based on my own reference photo. My painting technique is greatly influenced by Photorealists/Hyperrealists artists like Richard Estes and Davis Cone. I've been told that the Public Market Center sign and the Clock are copyrighted.

 

Abbie Shores

9 Years Ago

Hello

You should always seek advice from a qualified attorney that specialises in copyright law. (in this case Trademark)

Any advice given to you on this forum is not legal advice (unless giving opinions only which will not help) as nobody here is a copyright lawyer.

Please contact official help.


Abbie
Community Manager

 

David King

9 Years Ago

The signs might be trademarked but I don't believe it's possible to copyright something like that. The usual disclaimer, I'm no lawyer, I don't believe anyone here is so you are getting what you pay for when it comes to advice about copyright/trademark law. Here is what I understand. If your reference photo was taken from private property the scene is fair game. The only question might be the trademark of the signs, but if you are not trying to pass your painting off as a product endorsed by the trademark owners then you are most likely okay, however if they serve you with a "cease and desist" would you have the resources to fight it? Often the bullies win even though they have no legal ground to stand on. A scene cannot be copyrighted, only a photograph or artwork of a scene.

 

CHERYL EMERSON ADAMS

9 Years Ago

Reggie,
My understanding is that taking a photograph of architecture from a public place, as opposed to standing on private property, in most cases is not infringing anyone's copyright. It's in the public domain, and anyone can photograph it, paint it, etc. You should be able to display your painting, including on FAA, with no problems, as long as you aren't using someone else's copyrighted work as source materials.

David, in the case of this pic, which is probably taken from a public place (athough I'm not familiar enough with Seattle to know that for sure) you're probably right. But the fact that a photo is one that you took yourself doesn't necessarily protect you from every possible form of litigation involving intellectual property rights. It only protects you (in most cases) from having to worry about whether the photographer or whoever may hold the copyrights associated with this particular photographic image from coming after you...'cause you hold the copyright, if any. Reproducing a trademark, or using the image of another person without permission (for example), are not areas covered by copyright law, but you can still end up in legal disputes on grounds other than copyright.

Disclaimer RE: All my comments about copyright & legal stuff generally: they're just my comments, they should not be construed as legal advice.

 

CHERYL EMERSON ADAMS

9 Years Ago

Reggie, if that's really a painting... that's impressive.

 

Reggie Rivera

9 Years Ago

Alright, thanks Abbie. I'll take your advice before I upload more paintings.

 

Edward Fielding

9 Years Ago

If you want to open a fish market, you can't use their sign and clock. Otherwise you are fine.

*** not an attorney ***

 

Chuck De La Rosa

9 Years Ago

Better, and far cheaper than contacting an attorney, contact the Pike Place Market, the Space Needle, and the Experience Music Project directly. Many organizations spell out their image use policies on their web pages. I shoot and sell images of the Milwaukee Art Museum, and they have spelled out quite clearly what their image use policies are. The Pike Place Market is no exception, although you will want to get a clarification of what their definition of "commercial use" is.

http://www.pikeplacemarket.org/pages/press-room--2

There is an email address at the bottom of the web page. Tell them what your intended use of the images is and be clear that you are not using the image to "promote any products or business".

Even when a company does not have clear policies I have had good success by simply contacting someone in their marketing or public relations department.

 

CHERYL EMERSON ADAMS

9 Years Ago

Abbie,
I did graduate from law school, & pass a bar. That said, I'm not trying to give legal advice, just share my general understanding of how these things work. Do you want me to stop chiming in on these copyright threads?


 

Brigitte C Robinson

9 Years Ago

Hello,
I wrote a book that was published and copyrighted, therefore; I do know some things about this topic.
First:
Copyright means that you cannot reproduce an item without the copyright owner's written consent. A reproduction is usually an exact copy (scanned copy, zerox copy, etc.).
If you take your camera and photograph a sign then you are not photocopying that sign. Taking photographs is not the same an exact reproduction of someone's else work.
Secondly:
A right to privacy. The law says that people have the right to their own NAME and BODY. Therefore, you cannot use someone else name for commercial purposes, educational purchases, charity purchases, etc. without that person's written consent (children please see the legal guardian). And you cannot use someone else body without their written consent either.
Exceptions: If the person died before the law came into place than everything is fair game (ie, Marilyn Monroe, Rembrandt, and other celebrities that died a long time ago.
Exceptions: Statue of limitations is 70 years after the person's death. After that time period than everything is fair game for all.
Thirdly:
Building, animals, stores and everything else is NOT a person and therefore CAN BE painted or drawing or painted. You do not need anyone's permission. But a homeowner can complain that you are trust passing on private property (theirs). So if you are standing across the street, or standing on the sidewalk or in the middle of the street (government property), or standing on a tree (in someone's else property) then you are not trust passing on private property and you are safe.
The tabloids does this all the time and celebrities normally do not have a legal leg to stand on.

Lastly, Copyright Infringement Violation is not the same as Intellectual Theft (stealing someone else idea), but if you have changed the idea by 34% or more, then no crime has been committed.

Hopefully this helps a lot. Smile because the law tends to favor artists in general.

 

Mike Savad

9 Years Ago

actually the right to privacy only really covers famous people. you can photograph and sell people's faces - but not for stock.

however this is trademark more than anything.


---Mike Savad
MikeSavad.com

 

Reggie Rivera

9 Years Ago

Thanks Brigitte, Cheryl, Edward, David, Chuck, Mike, and Abbie. Really good advice from all of you.

 

Bill Tomsa

9 Years Ago

Reggie_

I'm not an attorney but I play one on TV. LOL. No, I'm just kidding.

The advise about checking with a real trademark/copyright attorney is the best. If you want a place to answer this question on a preliminary basis here's a place you might start Www.copyright.gov . Good luck.

Bill Tomsa

http://billtomsa.blogspot.com/

 

Abbie Shores

9 Years Ago

Cheryl, anyone can chime in :) Just even if you have, be aware that if you do give advice that turns out for any reason to be wrong, the member could sue you and us if you state it is actual legal advice and us for allowing it.

Best to just state the advice is 'in your opinion' and, if you wish to add you are an authority do so, then that is fine.

It just covers us and yourself athough I am sure you would be correct in anything you stated

Is that okay?

 

Mike Savad

9 Years Ago

to be honest, i don't think that's true. because i can tell someone it's legal to rob a bank, it's not exactly legal advice. if you claim your a lawyer, then maybe yes, but even then in the form of a forum i don't know if that holds water. it's like getting legal advice from a guy in a bar.

---Mike Savad
MikeSavad.com

 

Mike Savad

9 Years Ago

oh wait she did mention studying law. never mind.

---Mike Savad
MikeSavad.com

 

CHERYL EMERSON ADAMS

9 Years Ago

Abbie: Ok, that works! Just wanted to make sure I wasn't sticking my oar in a pond where it wasn't welcome.

(deleted the rest of the comment...)

 

CHERYL EMERSON ADAMS

9 Years Ago

 

This discussion is closed.