Migration of Copyright ???

'Is it legal', 'can I do this' type questions and discussions.
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Mary Brown
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Migration of Copyright ???

Post by Mary Brown » Mon Nov 03, 2008 11:44 am

My hobby, (and small business), is the production of design charts for cross-stitching (Think tapestry, only a bit simpler).

If I photograph an image, then I can accept that copyright remains with the original artist/author, and if I use the image to produce a pattern I can see that I would be contravening the IP laws.

However, if I were to paint that image, and then use my painting to produce my stitching design, do I have copyright (of my image), or am I still breaking the rules???

Thanks

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CopyrightAid
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Post by CopyrightAid » Mon Dec 15, 2008 10:10 am

The resulting image would be a devivative work, and although it may be subject to copyright in it's own right, you would require permission of the copyright owner of the original to make your painting (unless for private study, etc - see fair dealing).

It's a tricky subject - but where you fall down is that copyright law states that the act of adapting a copyright work is a restricted act (i.e. needs to be sanctioned by the copyright owners).

Certainly if you wanted to sell the pattens (or prints of your painting, etc) then you require permission and should expect to pay royalties to the copyright owner of the original.


The way to avoid problems is either:
1) Obtain permission up front (and in writing).
or
2) Only use images where copyright has expired (i.e. the creator died over 70 years ago) or where the owner expressly allows such use - somewhere like WikiMedia Commons may be a good source of images.

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