The Couch

Intellectual property - photo of a painting

Comments on Intellectual property - photo of a painting

rick
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Joined: Feb 18, 2009

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rick
Posted 02/18/09 - 2:42 PM:
Subject: Intellectual property - photo of a painting
I have owned a certain painting for years.
Now I want to take a photo of it and put it on a brochure for my tour company
as well as on the tour van. Does anyone know if that is legal without the artist's
approval? I don't know where to find the artist.


Thanks
libertygrl
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Location: San Francisco

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Posted 02/18/09 - 3:22 PM:

hi rick, welcome to the couch smiling face

from a legal standpoint it would be considered a "derivative work" and is technically a copyright violation. if the use of the painting in your logo was discovered the artist could sue.
praxis
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praxis
Posted 02/18/09 - 11:59 PM:

Hi Rick,

If you were to upload a digital photo of the painting to here we could analyze it to some extent. I for one have some expertise in the subject. If it were recognized, for instance, as a Thomas Kinkade painting [heaven forbid!] we could offer appropriate caution etc.

We could also explore how this image may or may not appropriately promote your particular market position, aka branding.
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