Yesterday, I received a request to use the photos as ispiration for a series of oil paintings; from what I understood, these paintings are from personal use.
My questions is if should I charge, and how much.
I know that prices can not be discussed here - I'd really appreciate if you can give me an answer by e-mail : eajuza@yahoo.it
Other than that, what is the simplest way to receive payment from US to Eurupe...Western Union, check,..?
I'm surprised no one has responded yet, because there are fairly strong feelings on this topic. It was discussed in some detail here
at this site. As you will see from the posts, individual methods and feelings vary considerably.
Posted by Robert Fisher on November 8, 2006 at 12:18 AM
Changing only 10% is not likely to allow a derivative work to be considered as new and thus would be likely to be considered in violation of the original copyright.
Irrespective of how much of an original work is used or changed in a derivative, only the original copyright holder can grant permission for a derivative work. If permission is granted that derivative can be granted copyright as a new work in the name of the person who created the derivative. If copyrighted material is used without permission, the derivative cannot be copyrighted as a new work. Creating a painting based on a photograph is a prime example of a derivative work. If the original is changed so much as to be be unrecognisable by the original artist, is it a derivative or a new work? If the original artist doesn't recognise it, it's probably a new work and eligible to be copyrighted by the new artist. There's a fair bit of fuzziness in the area of copyright.
There are some nebulous concepts around the ideas of collective works, collages and parodies as well.
The foregoing is not a legal opinion nor is it offered as such nor is it to be construed as legal advice. It's simply my impression of Title 17.
Posted by Brent Murphy on November 21, 2006 at 3:14 PM
A recent, fairly detailed series of articles about the ins and outs of copyright can be found here: Part 1 Part 2 Part 3 Part 4
I'm pretty sure some answers regarding copyright are answered somewhere in the text of those articles, if you can stay awake long enough to read them all. zzzzzz.......
As for payment, I would think Paypal should be able to handle it, although I've never had to use it to accept a different currency. I believe it works, though.
Discussion
5 repliesYesterday, I received a request to use the photos as ispiration for a series of oil paintings; from what I understood, these paintings are from personal use.
My questions is if should I charge, and how much.
I know that prices can not be discussed here - I'd really appreciate if you can give me an answer by e-mail : eajuza@yahoo.it
Other than that, what is the simplest way to receive payment from US to Eurupe...Western Union, check,..?
Thanks in advance for your help!
I'm surprised no one has responded yet, because there are fairly strong feelings on this topic. It was discussed in some detail here
at this site. As you will see from the posts, individual methods and feelings vary considerably.
thanks for the link. I received a couple of responses by e-mail, too.
and thanks Hank for posting the Link...
I read the whole thing and agree with just about all of it...
My only question has to do with what it takes to legally
make somethig different so as not to abuse the ©??
I have been told that a painter of photog or inventor of anything
only has to change something by 10% and it will be considered a NEW thing!!!
That would be so easy for a painter to do....
Any thoughts on that??
Any legal experts out there with an opinion??
In gratitude,
Nelcha
Irrespective of how much of an original work is used or changed in a derivative, only the original copyright holder can grant permission for a derivative work. If permission is granted that derivative can be granted copyright as a new work in the name of the person who created the derivative. If copyrighted material is used without permission, the derivative cannot be copyrighted as a new work. Creating a painting based on a photograph is a prime example of a derivative work. If the original is changed so much as to be be unrecognisable by the original artist, is it a derivative or a new work? If the original artist doesn't recognise it, it's probably a new work and eligible to be copyrighted by the new artist. There's a fair bit of fuzziness in the area of copyright.
There are some nebulous concepts around the ideas of collective works, collages and parodies as well.
The foregoing is not a legal opinion nor is it offered as such nor is it to be construed as legal advice. It's simply my impression of Title 17.
Part 1
Part 2
Part 3
Part 4
I'm pretty sure some answers regarding copyright are answered somewhere in the text of those articles, if you can stay awake long enough to read them all. zzzzzz.......
As for payment, I would think Paypal should be able to handle it, although I've never had to use it to accept a different currency. I believe it works, though.