...legal question.

[fallen_nemesis]

hm..... hoping someone with a little art legal knowledge might be able to help

I've been thinking, and i figured it was probably best to check this stuff now before I end up getting myself kicked out of Reid Kerr for plagerism...

I've found some cool pictures I was planning to use as source material on various places such as dev. art and national geographic.

My intention is to produce a number of studies from these pictures (probably figure portraits), and then a number of backgrounds etc, and a number of development drawings from them (as my theme is probably going to be metamorphosis, meaning they'll get changed quite a bit).

Only problem is, some of the finished pieces, that onviously have elements of the original photographs will obviously be there, and the original sketches might end up being displayed too in the college (Reid Kerr).

Do I need to ask for permission to use the stock photographs for the original sketches (i'm assuming so) ?

and furthermore, if the final pieces get dislayed, do i need to put in writing accompying it that I used X, Y and Z photos?

Not entirely sure where I stand here with using source photographs that aren't all mine. (ie - is it plagerism to draw a photograph? )

hhhhhhhmmmmm.....


anyway, I'd rather find out now, so I can start emailing and asking people rather than do something and find out I can't display it publically later

[bikuki]

If it's through Dev Art then all pics are subject to copyright. If you want to use a pic I would think it simple courtesy to ask the artist personally though a note if you may use their stock image in a college project, and that it'll be changed etc but the stock may be displayed along with the final picture.
Most users are pretty reasonable about using their stock, as the whole point of putting it up is for it to be used.

When it comes to non-stock images and pictures published elsewhere, I'm not so sure.

[Shannow]

I think it's a good piece of courtesy to ask first, but unless im dreadfully mistaken theres no problwem with it at all.

[0x21]

if its obvious the work is using other work then all sorts of legal nastiness may occur. if its on DA then I'm sure most people won't object if you ask them.

[Withnail]

Originally Posted by fallen_nemesis

hm..... hoping someone with a little art legal knowledge might be able to help

I've been thinking, and i figured it was probably best to check this stuff now before I end up getting myself kicked out of Reid Kerr for plagerism...

I've found some cool pictures I was planning to use as source material on various places such as dev. art and national geographic.

My intention is to produce a number of studies from these pictures (probably figure portraits), and then a number of backgrounds etc, and a number of development drawings from them (as my theme is probably going to be metamorphosis, meaning they'll get changed quite a bit).

Only problem is, some of the finished pieces, that onviously have elements of the original photographs will obviously be there, and the original sketches might end up being displayed too in the college (Reid Kerr).

Do I need to ask for permission to use the stock photographs for the original sketches (i'm assuming so) ?

and furthermore, if the final pieces get dislayed, do i need to put in writing accompying it that I used X, Y and Z photos?

Not entirely sure where I stand here with using source photographs that aren't all mine. (ie - is it plagerism to draw a photograph? )

hhhhhhhmmmmm.....


anyway, I'd rather find out now, so I can start emailing and asking people rather than do something and find out I can't display it publically later

To expand on what Herzlos said; if you make a derivative drawing from a photo taken and produced by someone else, then it's classified as 'making a derived work of a copyright work'; in theory, they could pursue you for damages.

Any photo, piece of art, sculpture, bit of writing, etc is subject to copyright, whether or not the author actively claims it; copyright subsists naturally on completion of a work, although the author/artist can choose to allow others to use his work. Copyright still exists, but the author has given free license to anyone to reproduce his work.

Deviant Art folk will probably be quite amenable to their stuff being used. AFAIK, National Geo are quite sniffy about their stuff being used without permission, so definitely better ask up front for them.

Whether or not it's plagiarism depends on your college's own definition; you're using is as inspiration, not submitting someone else's work as your own, so I wouldn't have thought it'd be a problem, but best to check.

[fallen_nemesis]

i doubt they'd do me for plagerism, even art school , as they encourage you to draw from source material, and obviously you can't always draw from life

[Withnail]

I know. It was just cause you mentioned it, and I wasn't sure if you meant that or copyright infringement, so wanted to cover everything.