Copyright infringement?

[Never]

Copyright infringement?

True. I realize that it's poor form to paste the same post from one section to another but I know that there are some lawyer types (or, simply, those more knowledgeable when it come to laws) that don't look at the Author's section."

There I was, happily typing away the outline to my latest masterpiece (While the power of positive thinking hasn't worked yet every little thing help) when I realized I might be braking the law.

Is it copyright infringement when you base a story off of an artist's work? When you look at a painting or sketch and suddenly a story idea presents itself to me? What if the artist is dead? How long after their death am I allowed to use the material? I know for the written word a copyright lasts seventy-five years. More, I believe if the author creates an estate.

What if I use the work for 'insperation' but don't borrow the whole cloth?

So? Any thoughts, hints, ideas?

 

[Svedish_Chef]

Re: Copyright infringement?

True. I realize that it's poor form to paste the same post from one section to another but I know that there are some lawyer types (or, simply, those more knowledgeable when it come to laws) that don't look at the Author's section."

Is it copyright infringement when you base a story off of an artist's work? When you look at a painting or sketch and suddenly a story idea presents itself to me? What if the artist is dead? How long after their death am I allowed to use the material? I know for the written word a copyright lasts seventy-five years. More, I believe if the author creates an estate.

What if I use the work for 'insperation' but don't borrow the whole cloth?

So? Any thoughts, hints, ideas?

inspiration

And no I dont think that your idea coming from say the Mona lisa cept a story would be a breach of copyright.

Someone might know what is termed as the library rule which is if you copy 10% of a whole book directly its a breach.

Never, you will be fine... and if ever the masterpiece needs to be proofread.. send it my way

 

[morninggirl5]

I think you're fine. If you included the artwork in your writing, you might have a problem.

Found this little gems today... they seem appropriate here...

An original writer is not one who imitates nobody, but one whom nobody can imitate.
- Francois Rene Chateaubriand

What is originality? Undetected plagiarism.
- Dean William R. Inge

 

[Starfish]

Relax.

As long as you don't claim the work pertaining to specifics about the painting, to be your own, you are fine.

Your writing is your own, your ideas, inspired by art, are your own.

You are not breaking the law.

If this were the case, most of my paintings would be illegal.
Someone planted the flowers I paint, (usually me, but..) out of their artistic inspiration, and they, as creators of it, could sue the piss out of me for painting it.

Inspiration isn't illegal.

 

[Thomas Paine]

I knew That Course in Intellectual Property Would Come in Handy Someday

Never:

The law extends copyright protection only to the expression of an idea, not to the idea itself. Many works of fiction (and non-fiction) have been inspired by paintings, songs and other works of art.

If you follow the news, you know that a Federal appeals court allowed the publication of "The Wind Done Gone," a novel that tells the story of "Gone With the Wind" from the perspective of slaves. Margaret Mitchell's estate fought the release of this book and lost.

 

[Andra_Jenny]

Does the musical term

"cover" ring a bell?

As long as you do not attempt to copy stoke for stroke,

and remember that copyright means you can make a copy as long as you do not distribute!

 

[Valdimer]

if its insperation, i dont see anything wrong with it. it would be considerd, in my opinion, a totally new idea, with the insperation from the original piece. people do that all the time. look at movies, rpg's, telivision programs. all have gotten insperation from one source of previously done material or another.

 

[DarlingBri]

Copyright would not apply in this situation because you're writing about a painting, not painting a painting or writing about writing.

Even if you were paining a painting, and it was different enough to be derrivative but not a duplication, it would fall under "fair use."

You're worrying over nothing.