Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2006
    Location
    Blacksburg, VA
    Posts
    2,564
    Thanks
    1,329
    Thanked 748 Times in 663 Posts

    Copyright question...? Covered by fair use?

    I've been doing some off and on portrait painting, for practice. I recently decided I wanted to paint Clint Eastwood, so I did- using a photograph, or possibly even a movie still.

    The painting can be found HERE.

    I was thinking that there might come the time that I want to show someone an ability to accurately portray a likeness- and I can think the only way to do this is from a photograph/movie still (because no one knows what my grandma looks like). Not saying this one particularly, but if I wanted to use one for a portfolio would I be allowed to.

    Originally I had thought this kind of thing was covered by fair use, but even if it is I have to cite my source, right?

    I think this is a good time to have this discussion, and having (at least tried- I'm not the best with search engines) the search engine on this site I've come up with nothing. How would I cite this?
    "She took the ice cube trays out of the freezer. What kind of a sick bitch takes the ice cube trays out of the freezer?"

    LOOK AT MY WEBSITE!
    LOOK AT MY SKETCHBOOK!
    LOOK AT MY BLOG!
    LOOK AT MY DEVIANT ART PAGE!
    LOOK AT MY FINALLY FINISHED PAGE!


  2. Hide this ad by registering as a member
  3. #2
    Join Date
    Dec 2004
    Location
    England
    Posts
    1,537
    Thanks
    111
    Thanked 1,860 Times in 604 Posts
    Clint Eastwood! You feeling lucky, punk? Yeah, but just use it. Regardless of the letter of the law nobody will be remotely concerned, and Clint himself is too old to shoot you.

  4. #3
    Join Date
    Aug 2006
    Location
    Blacksburg, VA
    Posts
    2,564
    Thanks
    1,329
    Thanked 748 Times in 663 Posts
    Quote Originally Posted by Baron Impossible View Post
    ... and Clint himself is too old to shoot you.
    Not counting on it .
    "She took the ice cube trays out of the freezer. What kind of a sick bitch takes the ice cube trays out of the freezer?"

    LOOK AT MY WEBSITE!
    LOOK AT MY SKETCHBOOK!
    LOOK AT MY BLOG!
    LOOK AT MY DEVIANT ART PAGE!
    LOOK AT MY FINALLY FINISHED PAGE!

  5. #4
    Join Date
    Jun 2008
    Location
    Philippines
    Posts
    520
    Thanks
    102
    Thanked 204 Times in 81 Posts
    Isn't it okay as long as you're not making money off of it? That's what I always thought anyway.

  6. #5
    Ilaekae's Avatar
    Ilaekae is offline P.O.W.! Leader, Complete Idiot, Super Moderator
    Join Date
    Jun 2005
    Location
    Southwestern Pennsylvania
    Posts
    7,129
    Thanks
    8,241
    Thanked 5,581 Times in 1,789 Posts
    Q', first off, whether you make money off it or not, fair use applies in specific instances.

    Usually, as a portfolio piece to demonstrate skills, and you're painting from a photograph/still, you're okay. It would be proper etiquette to cite the original source and copyright if you know it. You can not sell the rights or make a profit in any way from your piece without specific written permission of the original copyright holder.

    If you're doing a critical or historical written review of someone's art or an art movement, fair use allows you to use photos of the art you're discussing, as long as you cite copyright and proper artist. If you advance to the point of publishing this material, you're still on fairly safe ground because it's editorial fair use, but most people prevent future problems and misunderstandings by verify the use with original copyright holders at that point because a possible financial gain is involved.

    Copying another artist's work for educational purposes is narrowly considered fair use, as long as you NEVER site the result as your own piece. It must always be identified as a copy of XXXX's "XXXX" plus the original copyright. You cannot declare the copy as your original property or attempt to copyright it, and you can never use it for financial gain.

    Generally, anything a student does that is remotely a legitimate attempt to learn his craft, and if the results are NEVER used for financial gain other than as portfolio pieces to win a job, is safe ground. Just make it clear that it was done from specific reference that was not yours.

    What it boils down to is--IF you feel really uncomfortable, don't do it to be on the safe side, especially in cases where you may gain wide exposure of your efforts. As a student, think of it as a piece of homework that can't be done any other way and will be "tossed away" (not literally) once it serves its training purposes in your education.
    No position or belief, whether religious, political or social, is valid if one has to lie to support it.--Alj Mary

    Ironically, the concept of SIMPLICITY is most often misunderstood by simple-minded people. --Alj Mary

  7. The Following 3 Users Say Thank You to Ilaekae For This Useful Post:


Similar Threads

  1. Copyright Fair Use
    By ThabisoMhlaba in forum Artist Lounge
    Replies: 7
    Last Post: March 13th, 2012, 07:32 AM
  2. Copyright Question
    By billakong in forum Art Discussions
    Replies: 4
    Last Post: January 10th, 2012, 12:28 AM
  3. Copyright and fair use
    By D.Labruyere in forum Artist Lounge
    Replies: 9
    Last Post: November 15th, 2010, 06:00 PM
  4. Art: question about copyright etc
    By Zoltan_hellhound in forum 3D Art, Sculpture & Toy Art
    Replies: 10
    Last Post: August 18th, 2008, 12:53 PM
  5. Quick lesson on Copyright and Fair Use
    By hito in forum Artist Lounge
    Replies: 1
    Last Post: May 23rd, 2007, 09:53 AM

Members who have read this thread: 0

There are no members to list at the moment.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Designed by The Coldest Water, we build the coldest best water bottles, ice packs and best pillows.