I noticed today that someone put a painting of the Afghan girl, a copyright photo, up for sale. I’m sure it’s not the first painting done on DPW that has been posted. It’s fine to paint it, however, selling it is not.
I’m not trying to start trouble but I think as artists we need to be aware of this.
I totally agree with you, Linda. Artists need to be aware of copyright laws. especially in regard to reference photos. I myself, have had some very in depth discussions over the years with other artists (not on DPW though) and I think this is a great subject to be discussed on here. No matter who is the photographer of a reference, they should always be acknowledged by the artist and always asked ahead of time for permission to use their work. I actually came across an artist who had used a reference photo by a professional photographer, a portrait, and they had actually won 1st place in an art competition - with what was really a pretty accurate copy of the exact photo! They didn’t seem to be even aware that that might not be appropriate. I have not seen much of this kind of thing on DPW, but, I did notice that Afghan girl. All I can say to whoever that was is that I hope that the National Geographic/ the photographer does not find out and try to hunt you down and lay a hefty fine on you, whoever you are! Personally, I think it is fine to use images from copyright free sites, such as Pixabay, but, even those, I would not try to sell or use artwork that references them in a competition, just practice. If anyone reading this wants to make a start on reading around the subject, here’s a useful link https://www.thoughtco.com/copyright-for-artists-1122610. I have noticed that attitude towards copyrighted references seems to vary depending on what country an artist is from and I am not sure how that would affect a site that has such an international following/membership?? What do others think about this? Does it affect you as an artist?
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As an illustrator, meaning my work has always been for publication and profit, I have always been keenly aware of copyright issues. Every artist/photographer is the sole copyright holder of his or her work from the moment of its creation (for the artist’s lifetime + 70 years.) Without permission, copying all or part of someone else’s art or photo in a way that is recognizable by an ordinary person is copyright violation. If someone profits from such a violation, they can be sued for the profits. However, if the work is not registered with the U. S. Copyright Office, no statutory damages (lawyers’ fees, punitive damages) can be collected. One should never assume a work is not protected. Anything in a national publication most certainly is. Regardless of the legalities, copying without permission for purposes other than education is unethical.
That said, it is difficult to control in this age with so much online, international access, and people who have grown up thinking it all should be free.
A couple of years ago, we had a lengthy discussion/argument about copyrighted images being used at paint parties on this thread.
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Thank you, Connie - This is all excellent information and much appreciated!
Yeah, never copy someone else’s work.
Unless you stick a figure in front of it or Scrabble tiles under it.
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How do you know those artists didn’t get permission to use those images in that manner (clearly identified images used in their entirety)?
Call it a hunch. But hey, might be wrong. Why don’t you ask them?
You guys should go on Redbubble and take a look at some of the copyright violations that are going on on there!
What bothers me is the selective outrage in the DPW forum. Picking on one artist for something like that, while giving others a pass – not cool.
Either one standard for all, or just ignore it completely. A little consistency in either direction would be appreciated.
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I don’t follow or analyze the legality of every legal/illegal usage on DPW, and I’m not gonna get into another long argument about it. Know the law, follow it, or take your chances.
The issue at hand: Shaming one DPW artist while others who do the same thing are ignored.
Every week or so Jurick has another copy up, and no one says a word. But the Afghan Girl copy artist gets publicly shamed?
Lots of examples of viral online shaming of copiers. Not anywhere I’d like to wind up, but go ahead.
10 Examples
Copycat shaming on Instagram
No one’s arguing the legal angle. I’m angry about the DPW forum’s social dynamic.
There’s a select group on here that are always finding a reason to shame fellow artists. But they never shame the big dogs, even if they’re committing the same offense.
You’ve already arrived. It’s here, at the DPW forum…
And they say, “I don’t want to start any trouble, but…” Bull.
Really? Who is this select group, and where are all these shaming posts? On this thread, the OP did not name anyone or show a work, and the thread I linked was about someone defending her own copyright against usage by someone not on DPW.
She called out a painting that was on the front page that day and described it. Go look at the OP again.
What was the reason? To shame whoever it was. Won’t shame a Featured Artist, though. But hey, I’m with you – I’d rather they cut this crap out altogether.
Do you disagree that the usage may have been infringement and that similar infringement puts artists at risk?
I’m with ya on the legal stuff, Connie. But I’m against these threads coming up and not mentioning the worst offenders, just because those artists have a following.
Maybe Jurick got permission from the Wyeth estate, and Picasso’s estate, and every other dead artist’s estate, I don’t know. I don’t really care. But if Linda’s gonna call out the Aghan Girl copier, she’s gotta call out the others, too, like Jurick, and Testone, and the German guy who copies Jurick’s idea of copying… Etc.
Better yet, we could all just shut up and let people paint.
This same messed up dymanic appears with the pricing debate, with everyone criticizing artists who start bidding low, even though Carol Marine used to do the same thing.
I do wonder if some people are not aware that copying other artists work and passing it off as your own shouldn’t be done? I think there are a lot of amateur artists on DPW just trying things out.
There’s certainly a lot of copying other artists ‘styles’. Not much can be done about that of course. I did once spot a direct copy of someone else’s work (an artist on here that I admire and have purchased their work so immediately recognised the style). I do think it would be useful to point out somewhere that you should not copy others work.
In Karin’s case it’s clear what she is doing. Her blog talks about each of the works. She’s not passing off the artists work as her own - she’s painting people viewing the famous works, so it makes it a changed piece.
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