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To: Fantasywriter
Otoh, if you use the photo as inspiration but make at least seven significant changes, the painting is considered original and you can do anything you want w it.

What would those changes have to be???

I can see a few differences -- there may even be seven.

85 posted on 01/25/2014 7:46:09 AM PST by Uncle Chip
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To: Uncle Chip

That is a very good question. The next time I see my friend I’ll plan to ask her. She needs to know this type of thing for her line of work. At the time she was explaining it to me, I was more or less listening politely. I had no personal use for the info. What I gathered, though, was that the image itself, whatever was being painted, needed to differ substantially in at least seven ways from the photo. I.e. merely signing the image wdn’t count as one. I don’t know about changing the color scheme. The underlying image is still the same, so that one may not count either. As mentioned before, putting words over—or under, or beside—the image leaves the image itself unchanged also.

As I said, I’ll need to check back w my friend. I ought to give her a call anyway, so this cd be a good catalyst. Sorry I can’t be more specific. She is a painter, and I’m just her friend.


86 posted on 01/25/2014 7:57:35 AM PST by Fantasywriter
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To: Uncle Chip

Oops; found some info online that appears to undermine my friend’s info:

Question: Artist’s Copyright FAQ: If I Change 10 Percent, Isn’t It a New Image?

Answer: The belief that changing 10 percent of an image means you’ve created a new one is a myth (as is changing 20 percent or 30 percent). The fair use guideline is that you can use 10 percent of something.

It’s certainly not a legal test, but as a rule of thumb consider whether, if your painting were put next to the painting or photo you’re copying, would someone say you’d based it on the original? If so, you’re risking copyright infringement. Don’t fool yourself with this 10 percent change myth.

Go to Full Artist’s Copyright FAQ.

Disclaimer: The information given here is based on US copyright law and is given for guidance only; you’re advised to consult a copyright lawyer on copyright issues.

http://painting.about.com/cs/artistscopyright/f/copyrightfaq6.htm


87 posted on 01/25/2014 8:09:06 AM PST by Fantasywriter
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