Any1 know about copyright laws?

[Adam]

Say if there was a picture of the beastie boys (don't worry its not a beastie boys thread but just the example I am using) on the web and a sketch was made using that picture without any permission from the boys, the person who took the picture, the website owner - basically no permission from anyone and you could probably tell the sketch is from that picture would it break any copyright laws if either prints of the sketch was sold or the original sketch was sold?

[camo]

I think thats legal.

[b i o n i c]

i think it becomes a copyright issue when you try to profit off of something based on someone else's work.

i think this is like taking a song, and covering it, sort of

[destructo]

google it.

[kaiser soze]

It is tricky but I think it is within the boundaries of being legal. If it is a spitting image of the original it might be in some violation (especially without permission from the original photographer) but if some variation has been made it shouldn't be a problem

check out the case of Shepard Fairey and his Hope image

[Bob]

let me check my intellectual property outline

yeah it's probably illegal

but i'm not a lawyer yet so don't quote me

also that's just for american copyright law, i dunno about other countries

[Documad]

check out the case of Shepard Fairey and his Hope image

this

[Adam]

I have googled it and no1 seems to have a clue or can give me a definitive answer.

There is a case atm where some1 drew a picture of obama from a photograph, made some $ and put it a campaign poster and some other guy is suing them as no permission granted but then there was something about 'fair use' in there that it was ok to do to a certain extent but not the amount it was done with this one.

[Adam]

check out the case of Shepard Fairey and his Hope image

ha - that is what I was on about. I didn't realise it was he same thing I was thinking above until after replying cus I wiki'd it after my reply. Sorry.

Like you say, its tricky. Worth the risk? Basically, in this case scenario there would a max of 25 prints and one original and probably a link on a website to a scanned version.

[Bob]

i dunno about legal risk (i neglected to put the penalties for copyright infringement in my outline so i don't know what kind of liability this person is facing) but isn't there something slightly dirty about selling a rip-off for personal gain?

i'm not a lawyer yet so i'm allowed to appeal to morality

[Adam]

For the proper example - the actual question relates to this this (http://www.clashmusic.com/files/imagecache/big_node_view/files/images/Beastie_Boys.jpg) picture. I've been trying to find out about this for a couple of weeks and no1 has ever credited the original artist when using that picture on their site.

But because there is potential of some money being made, I want to be very careful.

[Adam]

but isn't there something slightly dirty about selling a rip-off for personal gain?

Well, to me its not a rip off. I'm not the artist (its for a friend) - the new piece of work is different to the photo but if you looked, you could tell where that picture came from (just like the Obama HOPE picture).

[Gareth]

it's probably not fair dealing
fair dealing is copying for the purpose of news reporting, criticism, reviews, education etc
the answer might well depend on the sketch itself

[checkyourprez]

id say its legal.

who can really say its from that picture. you can just say you imagined them looking like that.

or were there in real life and saw them like that and drew it from memory.



basically what im saying is im still drunk from the night before at 9:43 in the AM and have no actual clue to the legalities you have asked about. however I am applying to common sense and the no bruno aspect of life.

[b i o n i c]

^ id go with this