QUOTE(Brenda Hoddinott @ Nov 2 2006, 08:01 PM) [snapback]4151[/snapback]
Hi J!
This copyright stuff must really sound cruel to students of art!
Films, movies, and television shows are also copyrighted.
I have watched a film star on TV and then drew a caricature from my mind; but I've never done an actual portrait from either the screen or a photo of the screen. I suspect this would fall under the same legal clause as drawing from a copyrighted image.
Brenda
Actually, It does not. There are several cases that have been tried here in the United states and Canada and GB, UK, that specifically define these types of art production. You did not copy from a specific image, rather they stood as reference points and are defined specifically as , " spontaneous creation." where the figures are as much a part of our lives as say "your next door neighbor." So, there is no infringement of a photograph owned by a specific photographer, nor publication, such as newswire, newspapers and trade publication. Now there are specific things that must be adhered to in these instances so as not to impact financially on any entity or institution. These are true spontaneous creations. They are not derivatives, And depending upon the nature of the completed works, more then likely they maybe completely trans formative as well.
The one notable exception, would fall under states statutory and common law, the right to publicity and right to privacy. But, again, if you have created say a very limited amount of these art works and even sell them, say 2 of jon bon jovi, they still do not impact the market enough to create a venue for a tortfeasor. Consider this, just a few minutes ago, before I decided to start posting on this specific topic / referendum, I googled caricaturists, and found hundreds of references to them and they all are doing celebrities, and "...dollars to dough nuts'''" they all do not have permissions. now you say, "that is a fair use under parody and satire, well many courts will not support these types of decisions if , specifically satire, puts a person willingly into a bad light unnecessarily. Unfortunately, there is much with in the typically described Grey area for most, but for me it is just different shades of white or black. I am big on color value.....
Still because these trials have occurred and decisions rendered, should not be a license for everyone to re-appropriate other peoples works. I have read thousands of trial opinions and I believe that some take advantage of fair use to the enth degree. Many get slammed and rightfully so.
Mark
wildthing423