Paintings from your photographs.

The stuff Andy warhole did is simply a head shot that could probably be from a photo taken by anybody. The photo took in more than just the head shot. I don't see anything wrong there.
 
Cue lots of rambling about UK is not the US etc.


Well, erm, quite.

Fair Dealing and Fair Use are completely different entities.

Richard Prince (as mentioned above) wouldn't get away with being a total w4nker with regards to copyright anywhere other than the USA, whilst Warhol's work
would have been deemed legal here as a pastiche.

That doesn't even take in to account the ludicrous system in the US whereby you have state and federal legislature making contradictory rulings.
 
I would go to the gallery concerned and, as someone has already said, try to sell them prints of the painting while at the same time giving strong hints that the artist may be breaking copywrite laws and that the gallery is aiding and abetting said breakage.

But before you do that, have you actually spoken to the artist? He/she may not have thought what they were doing was at all underhand and the painting is up for sale in all innocence.

As another responder has said, I'd be quite happy for someone to use some of my pictures as I probably wouldn't be making any money from them myself, but I would absolutely INSIST that I got a credit for the work.

I have a long story relevant to this subject but it would be a digression here, suffice to say, resending my work to the illicit user with copywrite symbols all over the bottom of them resulted in said photographs being removed from their website rather quickly.
There has been some superb feedback on my original post on here. I do intend getting a large framed print and take it to the gallery and have it for sale. I will also check to see if there is a credit on the painting. I'll put this down to experience and if a similar request comes through I'll be a bit more savvy !
 
Rather akin to a Google translation at that!
 
I don't think I would call that a copy, it's a painting of a scene that you also have photographed. As I said earlier you can't copyright a view that is publicly accessable
 
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I don't think I would call that a copy, it's a painting of a scene that you also have photographed. As I said earlier you can't copyright a view that is publicly accessable
Did you read the OP?

There has been an arrangement between photographer & artist, and the result is the derivative/adaptive artwork.
 
My apologies....I had posted the wrong image from Flickr !
No worries, it happens, but I thought I'd ask as people have made comment/liked a post regarding the first image and may now feel differant.

I can now see why you feel it's a copy!
 
No worries, it happens, but I thought I'd ask as people have made comment/liked a post regarding the first image and may now feel differant.

I can now see why you feel it's a copy!
Yes, looking at them side by side it's almost like a "spot the difference" competition. I'll put my hand up on this one and say that I was a bit too loose with agreeing to get it painted. Next time, there will be a formal agreement !
 
Are those artifacts or did the artist deliberately put pink spots all over it?
 
The things is, I know her and she'd be mortified if she thought she'd caused any offence. She'd probably destroy the painting.

And as her friendship is far more valuable to me than my photo, I'm not going to press it.

Understood. It would be an interesting exercise in other circumstances!
 
The thing is, I know her and she'd be mortified if she thought she'd caused any offence. She'd probably destroy the painting.

And as her friendship is far more valuable to me than my photo, I'm not going to press it.
Interestingly the painting image that you show looks like a brochure image advertising Havana.

Though of course friendships are important but I have to say, it is not about offending you but the law, if she is a that good a friend she would understand your concerns and frankly, as an artist must be aware of copyright and it's importance.

NB the artists I know are very conscious of copyright because they are vigilant about their own "rights".

This did make me curious and wonder if this is your artist friend, if so then the painting has been sold......[edit] or at least listed as "out of stock" so even if not sold it has in the past been offered for sale.
 
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