Comments on Intellectual property - photo of a painting
Joined: Feb 18, 2009
Total Topics: 1
Total Comments: 1
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.
Joined: Apr 16, 2005
Location: San Francisco
Total Topics: 425
Total Comments: 4673
Posted 02/18/09 - 3:22 PM:
hi rick, welcome to the couch
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.
Joined: Jan 18, 2007
Total Topics: 3
Total Comments: 378
Posted 02/18/09 - 11:59 PM:
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.