Legalities of Selling Art

Out of context: Reply #28

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  • theredmasque0

    I had a guy recently trace my work exactly and emboss it onto metal foil, frame it, and call it his art (no credit to me anywhere and he certainly didn't ask permission for use either). And he was trying to sell the work. I filed DMCAs or whatever their called on all the photos of it hosted online and they all got yanked (after I asked him to take down first). The guy emailed me back and called me "ignorant". lol.

    So I don't think you should alter somebody's art and call it your own. I have also heard of some law about defacement of artworks (if it's the original you are altering) but I'm not 100 percnet sure on that one. I'll have to see if I can find where I read that.

    The only way to be safe is if you are either doing a parody of the work or if you are deconstructing / adding to the work in such a way that's it's no longer recognizable as the other person's work, I think. For example, ifyou cut up a photograph and rearranged it and collaged it so that the original image was no longer recognizable.

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