[Woodcarver] Copyrights

[Classic Carving Patterns]

Hi Bonnie,

Both photographs and paintings are copyrighted by the original artist
whether or not they have the Copyright Symbol and Artist's name directly
on the image.  Copyright gives the original artist the rights to
determine how their work (pattern, photograph or painting) is used or
distributed.  Under today's Copyright laws no visual arts creation is
assumed to be under Public Domain but instead assumed to be copyrighted
unless the artist has written and published a Public Domain Release.  As
Ivan noted just because that photo appears in a book, magazine or on the
web does not take away from the original artist's copyright.

So to create a direct copied carving from someone else's photo or
painting (i.e Copying Norman Rockwell's Thanksgiving Painting) you need
to obtain the artist's or copyright holder's  permission in writing.
Using any part of someone else's copyrighted image in your work, without
permission, is copyright infringement.

Now, you can use other artist's work as guides, references or
inspiration without directly copying their art and not infringing on
their copyright.  For example, you may use a photo/painting that has a
large foreground tree that has grown along the side of stone fence. You
can't put a piece of tracing paper over that photo and copy that tree
and fence line.  You can take that idea and draw your own version of a
tree and fence line ... Maybe the photo tree has one trunk so yours can
be a two trunk tree.  Maybe their fence line is stone and yours is stone
with a few old wood posts added in.

So if you are copying, even just a very small area, then you need to ask
for permission.  And you need to have that permission in writing signed
by the original artist especially if you intend to show or sell your
work.  If you are using the original work as only reference material you
are just fine! So if your carving is truly inspiration and not a copy
you're doing great! 

An easy test is to have someone else look at the original work and your
work ... if the person can see that your work "looks just like" or "It
looks like it came  from" the original you probably are infringing on
someone else's copyright.  

Inspiration, references, suggested ideas, and guides are good ... just
avoid copying!    :)

Susan Irish


Designs Online Since 1997!
Classic Carving Patterns By L.S.Irish
http://www.CarvingPatterns.com <http://www.carvingpatterns.com/> 
http://www.WoodCarvingPatterns.com <http://www.woodcarvingpatterns.com/>



-----Original Message-----
From: woodcarver-bounces at six.pairlist.net
[mailto:woodcarver-bounces at six.pairlist.net] On Behalf Of Ivan Whillock
Sent: Saturday, November 05, 2005 10:22 AM
To: [Woodcarver]
Subject: Re: [Woodcarver] Copyrights


Some have the mistaken notion that buying the book gives them rights to
do anything they want with it.  That is not true.The copyright notice
specifies what you are buying when you purchase a book. The author
legally owns all rights and often "sells" you some of those rights for
the price of  the book.   It varies somewhat between authors, but in
general most notices allow you to make carvings from the patterns but
not to reproduce the patterns for other than personal use. That makes
sense, because allowing people to reproduce the patterns and sell them
or even give them away would cut out an incentive to buy the book,
interfering with the author's right to profit from his effort.
 
 When you buy a book, it is good to check the copyright notice to see
what rights you are actually buying.  Although it is rare, I've seen
some books where the author shows patterns as examples but doesn't want
the readers to use them even for their own work.  An author may show a
pattern as an example of how one is made, and expects the readers then
to make their own patterns following that example, but not to use the
pattern itself. You can't assume, then, that when you buy a book that
you are automatically buying the right to copy the patterns--even for
your own use.  Again, on purchasing a book, check the copyright notice
to see what rights you are also buying.  If you can't accept the
limitations the author is putting on the use of the book, don't buy the
book.
 
 
 
----- Original Message ----- 

From: Bonnie Schroeder <mailto:bonnieschroeder at shaw.ca>  
To: woodcarver at six.pairlist.net 
Sent: Friday, November 04, 2005 11:23 PM
Subject: [Woodcarver] Copyrights

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  _____  




Does anyone have info regarding copyright laws?  I know that when you
purchase carving patterns, you are then licenced to use the pattern and
sell your work.  But what about if you use someone's painting or
photograph as inspiration for a relief carving?  



  _____  




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