reference images and copyright issues

[Defunct]

I've read a few webpages on copyright issues, but I didn't find an answer to my problem. If I paint over someone else's drawing so that the painting clearly resembles the original, can I still copyright the image for non commercial use to ensure that no one (including the creator of the original drawing) can use my colored version for commercial use? Or am I not allowed to publicly display this image at all (without a written permission from the artist, or something like that)?

[Chile]

In a nutshell,

The owner of the original picture owns the rights for the splines presented on the screen. Even though you are adding to the presentation, colorization alone cannot make your picture original in the context of graphic design. You can, however, copyright your colored version if you have the appropiate permission from the original artist.

Ergo, you will need some permission from the original artist before you use their lines. Non commercial use only matters if there is an exclusion in the copyright of the original image for that purpose. Some artists provide free use for non-profit reasons, other do not.

If the use is for a portfolio, you really ought to contact the artist of the original, if possible, obtain permission, and then clearly indicate which elements of the image are yours, and which were from the original. For someone who is about to evaluate your portfolio, you should also indicate very clearly where your contributions were made close to the image.

I managed to corner my Production Graphics instructor about this topic last spring, and he gave me a simple 60% rule. If I can change the original 60%, or more, I could forgo the need to obtain permission.

In the real world, though. You would probably benefit from a relationship with other artists. Not only would your colorized version help him/her, but his/her lines would help you. If you both included the same version in your portfolios, people who view either portfolio would consider your ability to work with others as an asset.

[Elwell]

If I paint over someone else's drawing so that the painting clearly resembles the original
Then you have created what's known as a derivative work.
can I still copyright the image for non commercial use
There is no copyright distiction between commercial and non-commercial use beyond what the individual rights-holder chooses to enforce.
to ensure that no one (including the creator of the original drawing) can use my colored version for commercial use?
Your own the copyright to your original contribution to the image (i.e. the colored version). The original artist can't make any use of your version without your permission. However, you can't make any use of it without his permission.
Or am I not allowed to publicly display this image at all (without a written permission from the artist, or something like that)?
Strictly speaking, yes.

[Elwell]

Originally posted by Chile
I managed to corner my Production Graphics instructor about this topic last spring, and he gave me a simple 60% rule. If I can change the original 60%, or more, I could forgo the need to obtain permission.
Your instructor was either (a) misinformed, or (b) trying to get out of being "cornered" by giving an easy answer to a complex question.

The "x% rule" is one of those persistant legends that just won't go away. You only have to think about it a little to realise how nonsensical it is. 60% of what, exactly?

[Defunct]

I guess I have to get a permission from the artist if I want some online-critique for my coloring job then. Thanks for the replies.

[Elwell]

Like I said, strictly speaking. The chances of actually getting into any real trouble for this sort of thing are pretty small. Never the less, it's simply good manners to ask first.