Copyright issue
- Started
- Last post
- 14 Responses
- Art_Ninja
I made a painting based on the ukiyo-e print “Pensive Love” by Kitagawa Utamaro a few years a go as an exercise. I have since received interest from a publisher that would like to use it as a cover of a comic book on Japan. My question is that how does the copyright work in this situation? Viewing the print and my painting below, have I changed enough of the original to be safe or should I not use the painting to avoid issues?
Original print:
My painting:
Any help would be appreciated.
Myron
- gruntt0
nice work but i'm not sure that would fly with the original artist.
- paraselene0
but that guy died two centuries ago!
there's gotta be a statute of limitations on that sort of thing, no?
- canuck0
Look into public domain etc.
But I would imagine the owner of the piece would have some control over its use.
From what I gather, any modification, duplication of any art is illegal, the owner of the original has rights?
- usda0
That's a tricky one...I remember hearing in an art class that any "appropriated" imagery in artwork is legal as long as it is altered 25%.
Here is a different article that I came across:
http://www.legalzoom.com/article…"An original work is protected for the life of the creator plus 50 years before it enters the public domain. For older works, rules differ, so check to see what law applies to the time of copyright."
- Art_Ninja0
Thanks for the info. Does anyone know how to research public domain works?
- Art_Ninja0
I posed the same dilema on another board and got this response, though I'm not sure the source:
"Anything from before 1923 is in the public domain."
Anyone knows how to validate this info?
- ********0
maybe protected as parody/homage?
- zombiewoof0
The tricky part is it varies by country. For US works, here is info on 1923 and the 70+ statutes.
http://www.unc.edu/~unclng/publi…But this guy, was from Japan?, no? Their copyright laws may be different
- ********0
So how does the Andy Warhol campbell soup can thing figure into this?
- ********0
The tricky part is it varies by country. For US works, here is info on 1923 and the 70+ statutes.
www.unc.edu/~unclng/pu...But this guy, was from Japan?, no? Their copyright laws may be different
zombiewoof
(Oct 7 05, 10:26)
-----------------------
Yeah, and what laws do you work under if you create and display that in the US? Are you subject to US law, or Japanese law?
- zombiewoof0
//Warhol's Campbell soup images were just promotional gimmicks years before their time. ;-)
http://www.findarticles.com/p/ar…
crafty monkey.
- ********0
or artists who rephotograph photographs
- ********0
Well in that case I say Art-Ninja's work is a gimmick.
there. It's all taken care of then...
- Art_Ninja0
"or artists who rephotograph photographs "
What about vector artists airbrushing colors and starbursts
on photographs?TheTick:
My work is probably more a parody though not intending to be funny:) similar to VanGogh's take on a geisha.

