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SilverArrow wrote:
Maybe I’m misunderstanding this – so I’m just asking.
If someone draws their own picture of an object that is copyrighted, are they actually infringing on that copyright? The reason I ask is that I have seen many photographs and drawings done of famous pieces of art (i.e. The Thinker, etc) and I don’t believe it would infringe on the original piece. I think it would if it was a direct copy was of Melody’s drawings, but if it’s another artist’s drawing of one of her sculptures, does it apply??
I think this is an unusual situation.
From Wikipedia:
Copyright law covers only the form or manner in which ideas or information have been manifested, the “form of material expression.” It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work. For example, the copyright which subsists in relation to a Mickey Mouse cartoon prohibits unauthorized parties from distributing copies of the cartoon or creating derivative works which copy or mimic Disney’s particular anthropomorphic mouse, but does not prohibit the creation of artistic works about anthropomorphic mice in general, so long as they are sufficiently different to not be deemed imitative of the original. In some jurisdictions, copyright law provides scope for satirical or interpretive works which themselves may be copyrighted. Other laws may impose legal restrictions on reproduction or use where copyright does not – such as trademarks and patents.
So to answer your question, any copy either in print or sculpt of Melody’s designs would be an infringement. Even similar poses (or identical poses in most cases). To use the example above, if someone were to design a sculpt of Mickey or draw him in another cartoon without permission from Disney, that would be an infringement and would probably get them sued.
With Disney it means you WILL be sued 😯 😯 😯 At least if they can find it, even in the early/mid ’90’s when it was an Amusement park that had been around for over 15 years, using the name of “Fantasyland” which is rather analogous for any amusement park 😕
I was searching for hidden auctions. I hope John got this one. I never got a reply but I know he must be a busy man.
Nambroth wrote:emerald212 wrote:For classic pieces, where the artist has been dead for many years, the image is considered “public domain.” It’s the same way for text. The author has to be dead 75 years (I don’t know the number of years for art). Public domain means that it now belongs to everyone, so people can use it at will.
Artists that have not been dead that long, or are still living, still “own” their art. You need permission from them (or their estate) to use it in any way.
Sometimes I go to sci fi conventions and I see drawings in the art auctions of characters from LOTR, Harry Potter, or Star Trek. That drives me crazy. I KNOW they did not get permission to use that person’s image (and they need to in order to sell them), yet they’re selling them there. Grrr….
This is correct.
On the plus note Emerald, the last sci-fi fantasy con I went to for the first time did not allow these sorts of infringements in the gallery! 😀
Good. I wish more people were aware of these laws. I think it’s just a case of ignorance really. But it still makes me mad.
OK I’m not trying to defend anyone here but I have always wondered what if the person doing the art or Sculpture has NEVER seen a Windstone and does not know that Windstone even existed??
Hardly likely that composition and pose and scale pattern just came out of their head and happened to be the same as Melody’s work.
…and as I pointed out earlier, she titled the piece “Dragon Statue” in the auction. She has seen a Windstone dragon, for sure.
If you’re speaking in general, the one owning the rights would be the one who had a copy write, patent, trademark, etc. first. Even if they never heard of or saw a Windstone and came up with something similar, they would be SOL.
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