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Chrissy D
Joined: 12 Jan 2006
Posts: 1053
Location: Queensland
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 Posted: Tue Oct 13, 2009 9:11 am Post subject: Copyright & Commissions |
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I had a thought on copyright regarding commissions...
If you welcome commissions, and are approached by a client who brings you examples of similar artworks for you to create something or a clipping from some sort of published material (e.g. magazine, advertisement, CD cover etc) and wants you to replicate it...how does that then work with copyright.
For instance, you have been approached by someone and paid to complete a service, you are not technically selling this artwork from your own collection and not trying to pass it off as your own as you are doing what the client wants and has asked of you.
Im sure people out there have had clients ask them to do a 'copy' of a famous painting or paint a picture from a magazine.
So as the artist and professional, would you do it as a commission (not from your own personally created collection) or would you say no because it would be infringing on someone else's copyright??? |
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thecatsgrin
Joined: 18 Apr 2009
Posts: 2181
Location: Gippsland
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| Posted: Tue Oct 13, 2009 4:01 pm Post subject: Re - Copyright & Commissions |
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Copyright is such an issue, it has so many angles to consider.
For example...
A huge super chain store once copied one of my designs, and had it produced overseas, I looked into the issue then and basically if the 'thing' was 20% different then it wasnt worth persuing.
In this case, it was different paint, mine was water based, theirs was oil based.... so I never bothered with anything legal.
These are just my experiences, but laws might have changed.
It is touchy, quite often when asked to paint something copied, i tell the person I can , but it infringes on someone elses creation and I can paint something similar, or in the same theme or colours.
Most of the time the person is happy to have an original and not a copy anyway.... I dont copy any persons work with out their permission, this even goes as far as using someones photo's. It is still their work.
I know first hand how it feels to have art copied, in both my business (decorative )painting and other art work that I have done and entered and sold in art shows, copied and entered in other art shows... so far I have seen the same copied painting in 4 shows.... This is why I photograph everything now, so I have records of my work... Its annoying.
Good luck!!  |
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Steve Gray
Joined: 17 Aug 2008
Posts: 1569
Location: Geelong
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| Posted: Wed Oct 14, 2009 8:55 pm Post subject: Re - Copyright & Commissions |
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| Your argument sounds good but copying is copying... you would probably be an accessory to the crime. |
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sunfire
Joined: 01 Mar 2008
Posts: 1430
Location: Toodyay
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| Posted: Thu Oct 15, 2009 9:19 pm Post subject: Re - Copyright & Commissions |
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| I wouldn't touch it, too risky, I think I would certainly be trying to talk them out of it, & perhaps guide them towards something similar but original. |
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gurufly
Joined: 13 Jul 2009
Posts: 30
Location: Goulburn
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| Posted: Thu Oct 15, 2009 9:23 pm Post subject: Re - Copyright & Commissions |
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| Agree with above- not worth the risk |
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