This is becoming ABSURD!

Sarah-Lynn Brown 28 Jan 2005

Since this person did not ask permission and probably got it from a source where they could contact the photographer the painter has little ground of artistic license. The images are too simular. It should have been altered enough to not resemble the source so much and then their would be no issue. The source photo wasn't part of a reference book on flowers I take it and so copyright was infringed. The image doesn't have enough difference or new elements, the structure is identical.

Everyone seems to borrow and take images from each other, but that doesn't make it right. I try to alter the image significantly enough from the original(such as adding elements, or using part of a frame) so that even the photographer would not recognize it when I create it in a different medium.

Earl Kelley 28 Jan 2005

The First person Copied your Photo and tried to sell it as his own.

The Lady "Created" a painting by looking at your Photo.

Think about it!!!!

Vincent Tylor 28 Jan 2005

Yes Stan, we could use more like you. A little humor is always a nice medicine. The artist in question did e-mail me basically saying that she thought it was Richard's photograph. Although Richard denies granting permission in an earlier e-mail. If you have no idea who Richard is then go to yesterdays thread.

I am sure this is a great place. In fact my wife who also paints some, really liked it and hopes to post some of her work here soon. Who knows maybe one day I'll join her. I greatly appreciate Nancy taking it off the site although that was debatable. I really wanted this off the sales rack.

All of you who paint for fun, for a living or whatever's in between would all do better if you fully recognized these infringement laws do have value. And please try to show a bit of consideration to the one that gave you the idea in the first place. There is nothing wrong with some good old fashioned manners anyway. Thanks for you time. Sorry if I offended anybody. Aloha.

Melissa Bond 28 Jan 2005

I don't think Nancy meant any disrespect from using your photo as reference. It's not a copy, but a version of it in another medium. It is copyright infringement to use it for commercial purposes and unoriginal, I won't defend that, but from what I know of her, she certainly didn't do this in spite. She is a wonderful person. Just made a mistake, we are all human.

Patrick Miller 28 Jan 2005

Take 'em to court then and see how far it goes. And then we'll see who's so foolish. It is obvious to me that you don't know as much as you would lead us to believe....but you go get 'em Columbo....

Vincent Tylor 28 Jan 2005

"The First person Copied your Photo and tried to sell it as his own.

The Lady "Created" a painting by looking at your Photo.

Think about it!!!!"

- Earl Kelley

Sorry earl I disagree. She re-created my photograph into a painting. The exact same image. You are wrong here!

"Take 'em to court then and see how far it goes. And then we'll see who's so foolish. It is obvious to me that you don't know as much as you would lead us to believe....but you go get 'em Columbo.... "

- Patrick Miller

Hey Patrick, one sale here and there I can live with. But, if she plans on SELLING this image to many other people over the course of who knows how long, and IF she is unwilling to oblige by your repeated requests to remove it herself, then YES you go to the next level. That is why they make these laws and why we have a judicial system at all. Give me a break.

For the record I am certain she meant no harm and is a fine person. But ignorance in this situation is no excuse either. Not if you are selling it, it's not!

Melissa Bond 28 Jan 2005

http://www.copyright.gov/circs/circ14.pdf

A must read for all artists.

Vincent Tylor 28 Jan 2005

Melissa, this thread can be a must read.

Nancy has e-mailed me and all I can say is she just did not know. She sounds nice as pie. The real problem started when another photographer posted this as being his own work and then selling it. Look at how complicated it can all get when only one decides to break the rules.

Vincent Tylor 28 Jan 2005

PS. I can agree with everything Sara Brown said word for word. That is very reasonable.

Vincent Tylor 28 Jan 2005

And yes Melissa that article basically says everything I have already written above. It is an excellent reference for all of us.

28 Jan 2005

Lucas Seven 29 Jan 2005

...try to copy me...so I can laugh...

29 Jan 2005

Lucas Seven 29 Jan 2005

...no, I was refering to anyone who would have the nerve to copy another artist, instead of using their own imaginations....in copying a photograph...you're trying to paint a real thing... when copying a work of art, you're actually copying someone's style...'nuff said....bye!...