Legalities of Selling Art
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- zoozoo0
hiphop.
- theredmasque0
I had a guy recently trace my work exactly and emboss it onto metal foil, frame it, and call it his art (no credit to me anywhere and he certainly didn't ask permission for use either). And he was trying to sell the work. I filed DMCAs or whatever their called on all the photos of it hosted online and they all got yanked (after I asked him to take down first). The guy emailed me back and called me "ignorant". lol.
So I don't think you should alter somebody's art and call it your own. I have also heard of some law about defacement of artworks (if it's the original you are altering) but I'm not 100 percnet sure on that one. I'll have to see if I can find where I read that.
The only way to be safe is if you are either doing a parody of the work or if you are deconstructing / adding to the work in such a way that's it's no longer recognizable as the other person's work, I think. For example, ifyou cut up a photograph and rearranged it and collaged it so that the original image was no longer recognizable.
- FawnDog0
My lawyer always says "It's better to beg forgiveness than ask permission."
That said I deal with this ALL THE TIME at work and agree that your safest if the original artist or art is a few hundred years old. Even then, you aren't safe from their estate (the grandkids could sue, if they own the rights to the estate). but I can't see how altering bad thrift store art could become a huge issue, especially if your not mass marketing the products. Just...be careful
- mantrakid0
mega thanks to all for their insight and communication. interesting subject.
- mantrakid0
yeah and to be clear, im not talking about prints of famous art or even photographs, but like original oil / acrylic paintings with my shit on top of the original giving it new context..
- this new context means it's a new piece and you can claim your intellectual property rights
doesnotexist
- this new context means it's a new piece and you can claim your intellectual property rights
- pr20
I think the few above who keep on bringing this old cliche about "good artist borrow, great artist steal" fail to understand the meaning of the message. What does it mean to steal? It means to take the ownership of another person's idea, yes, but it doesn't happen by one simply signing his name under it. You have to TAKE ownership of that idea, that is take half-developed idea and run with it until it BECOME yours. Became yours so strongly that you are identified with it. In that sense "stealing" anther person's idea is not as easy as reaching into another's pocket and pulling out his wallet.
- 23kon0
If it's a one-off original work of art then yeah i think you can alter it then sell it.
If it's a print / reproduction of an original work that you don't own the rights to the original artwork for then nah I dont think you can sell it as your own.
- sine0
do something original instead.
"Brainwash your face!"
- Mr. Brainwash
- _niko0
reminds me of that site where the dude paints or writes words over rococo paintings. funny stuff.
- mantrakid0
now aside from the legal grey area, is it just as bad as a bate-sole situation? I mean is there zero respect to be had by making art like this? respect coming from other artists i mean? I remember talking about these pieces to another artist friend of mine and she was like 'oohhh.... that doesnt sound good... i wouldnt want my painting covered over by something else..."
so is it then morally frowned upon or is it more like a 'if it looks cool, then fuck it' kinda thing?
- johnny_wobble0
I'd say if it's single pieces, not multiple copies of the same piece, I'd do it.
- Jacque0
Perhaps the case of Patrick Cariou vs Richard Prince might be of interest:
http://www.artfagcity.com/2011/0…
- pr20
As said a number of times it's a gray area. I would say to my liking you are more in the red zone then in the good-to-go zone because you area taking a painting and turn it into another painting. You alter it, all right, but i'm not sure you alter it enough (by not taking your work outside of the realms of the filed the original painting was in)