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Art Community | Emerging Artists | Please answer my question anyone | Careful, thin ice isn't it, legal lawsuit could occur!!!
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Subject: Careful, thin ice isn't it, legal lawsuit could occur!!!

Posted By:  Barb
Msg #:
Posted On:  9/22/1999 8:54 PM Viewing 10 of 21 Replies

Well, I think that what Linda is pointing out has a fair amount of validation, however, Arlene's statement has a valid point also. We do get some of our ideas from various things we encounter, but to take anything directly from a magazine or photograph, artwork, etc., that is published in any way, no matter how you alter it, it is still real close to trouble. Personally, I work only from memory and or still life, for my own challenge, I understand that artists need resources, but unless you have altered the subject to be completely different, and not just by a different location, you could be facing a legal battle. To list it as a study piece is fine, but you have to keep it there. The odds of being charged are slim, but the penalty is heavy, you have to destroy the piece, pay all the legal costs of both yours and the person charging you, not to mention that fines on this nature could run you 50,000.00 or more.
Not really worth it when put into that perspective. I see thousands of pieces yearly, and I can always tell, so will any other professional in this field, never worth it.
Besides, why copy someone elses viewpoint? No matter how you look at it, even to take a flower out of a garden mag and call it your own creation, is this totally true?
Now, if you take a photo of the flower, then paint it, that is your creation, you saw the object, photographed it according to how you percieved it as art, and then developed and brought it to life in your painting.
By the way, watch out for the photographers that are publishing these subjects you get your inspiration from, it is plagerism, plain and simple, the higher up the ladder you climb, the more easily recognized its going to get.
I am sure this will cause some feedback, looking forward to the postings!

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