28 July, 2020

The use a picture for a drawing

I recently did a drawing from a picture of Nira Dabush I hope I have broken any rules by doing that

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7 Comments

Cheryl Garman-Andrade 29 Jul 2020

Hi Ray.

I cannot speak for Nira, but I have personally encountered this, so I'm going to chime in and give you some information. I certainly hope you don't mind. I think it is wonderful when other artists inspire and are given credit! However, it is always best practice to ask the artist/photographer first for permission to use their material. From a legal copyright standpoint, artists have exclusive rights of ownership to their work. #1 The right to reproduce and make copies of an original work. #2 The right to prepare derivative works based on the original work. #3 The right to distribute copies to the public by sale or another form of transfer, such as rental or lending.

Normally, if it is for personal use (learning, for your home, etc.) where no outside eyes will ever see it, there is no harm in it. But the moment you post it online, sell it, take credit for it or even give it away, it could cause problems. What most artists do, is use several different references to create their very own rendition of a particular subject. Or even better, take their own photos to use as reference material. If you cannot trace your art piece back to an original artist source, chances are you're good. But, if it ever came down to it, courts can use what is called a "substantial similarity" test, where if an average person would confuse the new work with the original work, then there is a strong likelihood that it would be considered infringement. Bottom line, it is always wise to ask first.

Ray Steele 30 Jul 2020

Nira doesn’t Seem to be bother by want I did but will take you advice seriously and more respectful to the other artist in the future and again thank you for remind of the copyright law

Nira Dabush 30 Jul 2020

Hello to both of you, Ray & Cheryl... Ray, I liked your surprise in a drawing sketch you posted in AW. I think it would be BEST To send also in e.mail, at the same time, in this case, I could view it before. It happened to me in the past that not always I saw something that was done using my portrait. I allow using my photos, for inspiration, if it does not offensive in any way... and surely NOT any nude of myself... - this I would not allow. Art inspired by others should be respectful to the artist. As for what Cheryl... says.. SHE IS RIGHT. And explain the issue very well. THANK YOU SO MUCH, RAY. THANK YOU VERY MUCH CHERYL, For the explanation. May we all stay healthy creative and happy in a safe private life.

Rick Corbett 31 Jul 2020

I think it's great that other artists inspire us. I have done drawings of other artists as well, my process is to first contact them to ask permission if they would mind me either using one of the artwork/photograph as a reference to draw from. Once I have their permission, I start drawing and of course give credit to the original artist. I send them work in progress updates as well so they can see what I have done. If I'm doing a portrait of the artist themselves, I usually ask if they would like a copy of the drawing. Also, I do not sell these drawings, these are just for my own personal portfolio unless the original artist would like to have the original, then I just send it to them. For me, it's all about learning and growing as an artist and I learn best from other artists. Great topic!!!

Nira Dabush 31 Jul 2020

Hello again dear friends, Rick... I can understand your way in doing portraits. I think that it is correct also to ask for permission to make a portrait.. from the artist, it should be like that... And therefore at least indeed you should send a high-resolution photo of the outcome portrait plus the credits, if posted.. Anyway, from my "LIFE" in AW, I must say that we knew much better times in AW, With many friendships between artists, with ability to corresponded safely, without spy, nor peepers, with the ability to have a good conversation in the forums without any limitation, as it is nowadays.. - what made many artists run away from the site, unfortunately ( - the change of forums I mean, and invade of outsider people who destroy friendships). When the site had many artists who used to post and comment regularly & daily, years back, we used to have an AW Challenge, that most of us enjoy it, and many took the challenge. It was the " PICK UP A MEMBER ".. Many participate and made each other portrait, in every media they wished. It was much fun... and AW, Allowed using the Forums without limitation, as much as we wished to post... To this challenge, people could ask in the mail for a photo to use, or simply surprised with photos they could find at the site, of their friends. I made to many of those artists, I liked, or enjoyed our friendships. Here, Or people, I thought to deserve it.. or inspired by them, in one way or another. I post a collage of those days, of some of the portraits, I made with respect to my friends at that time of the internet. I surely miss those days, I must say. AW, For me was the best art-site... and there were many friendly people around ... Wishing all of us happy safe stay in AW... Stay healthy and creative.

Cheryl Garman-Andrade 31 Jul 2020

You are more than welcome. :) I have learned so much from having my art taken in the past. 2016 in particular was a really rough year for me thanks to people posting my art to Pinterest without my knowledge nor consent. I don't share on many bigger platforms because too many people think that everything on the internet is a free for all grab - take anything they like. Very disappointing.

I loved Artwanted back in the day to. I would like to see this site grow and become as popular as it once was. Things seemed easier back then to and people were able to share without fear of being robbed. I have left this site for short periods but always find myself coming back. Every time I do come back, there are more features and it gets better and better. It's comfortable here. I have tried other large selling sites like FAA and they don't do a very good job of protecting artwork. They require large image files and are lacking in safety features. I'm glad I'm here and still seeing names I recognize from over a decade ago. Take care and be safe.

Nira Dabush 03 Aug 2020

Dear Cheryl hello again... I am sorry AW, Does not allow replies as much as we wish or need, here at message boards, Anyway, I agree totally with every word of yours here. I also post on several sites, yet AW, was most suitable for me.. also some of the people friends here and the atmosphere as it was in the past. Before some outsiders spy at this site too, and try to control some of the people here too... and not only here, I am afraid to say so. " too many people think that everything on the internet is free for all grab - take anything they like. Very disappointing. " you are more than right, but it is not supposed to be like this... Some "team of people" from my country, but not only, it seems, seems to give artists instruction.. promising all kind of gifts... they "in love" with people imitate, things i did... or do, including, they allow some of the people from this site and Israel, and the world, enter my privacy, and our ( private apartment phones mobile, smart tv.. etc.. This is a painful situation, for me. I also have hopes that especially AW, Will grow to be better as it was in the past (2005- 2008/9) I just hope that my privacy will be brought back to me... Since it's unbearable to think, that while I arrange, work on my computer, watch TV, Or use my mobile, my neighbors plus Israeli reporters, for example, view it...( not responsible people ) How can someone work like this?... or simply do every simple thing at home without peepers, or a spy will view it... I address my message here to the all world, not just you and me... And ask, to stop sping at us, my family.. and any other artist. May we all be safe from the spy, and healthy in every way... the same for those we care for.

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