Is this legal?
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Post Posted: Tue Apr 11, 2006 7:02 am 
 

http://www.cafepress.com/kevinmayle/1350889

This guy posted an ad in the Classifieds. Is it legal to reproduce and sell artwork?


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Post Posted: Tue Apr 11, 2006 7:14 am 
 

I was wondering that myself. I would think not but I have no real knowledge of copyright laws. It is not the actual picture and an artists interpertation of the art. I am still thinking that to produce it for your own use might be ok but the minute you start selling it you have probably crossed into questionable use territory. Sort of like the art though  :)


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Post Posted: Tue Apr 11, 2006 10:13 am 
 

He only needs to change the tiniest bit of detail for it to be his own work. How many Che Guavara's, Mona Lisa's and Marilyn Monroe pop-art's have we seen, and none of them breach copyright.


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Post Posted: Thu May 04, 2006 5:42 am 
 

I removed those items in question on April 15th just in case there might be any problems with copyrights. So anyone following the link provided here no longer takes you to any non-original art.
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Post Posted: Thu May 04, 2006 5:46 am 
 

kevin mayle wrote:I removed those items in question on April 15th just in case there might be any problems with copyrights. So anyone following the link provided here no longer takes you to any non-original art.
Thank You


surely all that would have been required would have been a few phone calls to just clarify whether there was going to be any issues re copyrigt and you could have carried on as you were?

but in the end, i guess its better to be safe than sorry just in case huh....

nice pics tho.

Al



  


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Post Posted: Thu May 04, 2006 6:02 am 
 

Thanks for the compliment. I not only wanted to avoid any possible copyright problems but I also would much rather put completely original work in my store. I put my painted versions of those old AD&D paintings and the link to them in the Acaeum classifieds because I thought someone here might be interested in them. I was in the process of putting my store together and had prematurely put items for sale that I later deemed inappropriate and removed.

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Post Posted: Thu May 04, 2006 9:35 am 
 

Your repros of the AD&D manual covers were very nicely done, Kevin.  It was interesting to see the entire picture from both sides of each manual without any of the text.

As to the legality of making a repro, I have no legal knowledge but I suspect the issue arises if you try to sell it.  If you're making money off someone else's intellectual property (like selling copies of paintings of Mickey Mouse) you're likely to get into some trouble.

OTOH, doing it for artistic purposes seems to give some leeway.  Andy Warhol made a career out of it, and J S G Boggs (http://en.wikipedia.org/wiki/JSG_Boggs) makes paintings that look very like real money and exchanges them for goods.

  


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Post Posted: Thu May 04, 2006 10:24 am 
 

Marinagh wrote:As to the legality of making a repro, I have no legal knowledge but I suspect the issue arises if you try to sell it.  If you're making money off someone else's intellectual property (like selling copies of paintings of Mickey Mouse) you're likely to get into some trouble.

OTOH, doing it for artistic purposes seems to give some leeway.  Andy Warhol made a career out of it, and J S G Boggs (http://en.wikipedia.org/wiki/JSG_Boggs) makes paintings that look very like real money and exchanges them for goods.

Doing so for "artistic" purposes has been going on for thousands of years, of course.  It's only recently that it's become a big legal issue due to trademarks, intellectual property, etc.  I have no idea where the law draws the line on the issue.  

I made an 8' x 5' reproduction of an Elmore (the dragon on the Masters set cover) when I was a kid.  Unfortunately, I painted it directly on the wall, so when we moved it didn't come with me.  :evil:  

I took photos of it at one pont, and I think I still have them stored digitally somewhere...I will post links if I can dig them up.  My original work has sadly been destroyed.

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Post Posted: Thu May 04, 2006 10:25 am 
 

Balderdash.

Kevin, you're utterly in the clear.

The items ARE painted by you and represented to be exactly that;
The items ARE inspired by other old artworks, and you represent exactly that.

Even the infamous TSR Legal Demons of the '80s wouldn't be able to object at all.
Do your thing, dude.

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Post Posted: Sun May 07, 2006 12:23 am 
 

Wow, OK the items are back up. The new link is
http://www.cafepress.com/kevinmayle/1417121
Thanks for the support!

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Post Posted: Sun May 07, 2006 12:57 am 
 

Glad to see they are indeed legal. Now if they were priced a bit lower.............


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Post Posted: Sun May 07, 2006 6:56 am 
 

kevin mayle wrote:Wow, OK the items are back up. The new link is
http://www.cafepress.com/kevinmayle/1417121
Thanks for the support!


good luck kevin! nice one frank M - i think they would look cool at Gencon!

better get painting :)

Al



  
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