copyright Question

wapstar

wapstar

iAussie
I want to use some artwork I found on the web for a website I am doing. Can I use it? If so how much do I have to change (ie 20-25% I have heard), does white space and a frame surrounding a painting considered as part of the piece? technically that white space is intentional and part of the piece.
Do I need to change what I am going to use and does changing the hue account for enough change. Also adding text over the image, does this change enough of the original image??

me@avoidingalawsuit.com
 
The only way you can know and solve your problem out is to contact the artist from which you are recycling some material. That is the only legal way to sort it out.

This story about 20/25% of artwork can be copied is like music sampling: once, a rumor said you could sample up to 10% of a track without being sued. Well, it's all crap: artwork is artwork, period.

If you're changing the Apple's logo color to red, the difference is null. If you're replacing the apple by a peach or whatever, you've made a completely different piece of art. Again, contact the original artist(s) and be polite. :)
 
20-25 % is not enough normally. One guy got to trouble at theapplecollection for having copied something of mine ... and I believe he's not the only one who can have got to those trouble ..
50% is safer, and in any case .. nicer if you give some credits also for the original. ;)
 
Beware - it's hard to know what's 50% of such or such artwork.

For example, the Apple outline represents, as far as pixels are concerned, less than 10% of the Apple logo. But on a symbolic level, it represents 90% of the logo itself.

Contacting the artist, asking politely for use of his art, and then proposing him credit is a nice way to get through your problem. :)
 
it really depends on what you want to do with it. like has been said, the best way is to get permission from the artist or copyright holder. of course, if you're intending to use it in a way that they would disaprove of then, the situation is trickier.
certainly none of us are lawyers. but in general, unless you are somehow profiting by it, the most anyone is likely to do is tell you to cease and desist. and most people are ok with using their work as long as you give them credit and/or a link.
 
We discussed this in class last year.
You cannot copy creative works without permission from the artist. The 10% rule applies to reviews and educational studies and is very complex and best avoided.
Get permission from the original artist. Be warned that just asking the person who has put it on their site for permission might not cover you, as they might not have had the permission to use it in the first place. Make sure that you contact the artist/producer and get permission.
 
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