I put this in comments on 7/7/09, but no one answered, so I thought I'd try in the forum instead.
For everyone out there who have more experience with all the rules of copyright and art adaptation, etc... I'm curious:
Where is the line between copyright infringement and art? I've been curious about this lately. Exactly how different does a pop culture reference have to be from the copyrighted material to be allowable as a new idea and therefor NOT a case of infringement?
I never really understood the distinction. I really started to think of it back when we had the plaid Darth Vader head (Plaidinum 5-12-09). Would it have been a case of infringement if it had been black, but because it was plaid it was now pop culture inspired art?
I also think it's interesting that making a plaid Darth Vader was so well received, but another person turning a photo into a line drawing was "theft" and had the TeeFury Community AND the curator calling for blood.
For everyone out there who have more experience with all the rules of copyright and art adaptation, etc... I'm curious:
Where is the line between copyright infringement and art? I've been curious about this lately. Exactly how different does a pop culture reference have to be from the copyrighted material to be allowable as a new idea and therefor NOT a case of infringement?
I never really understood the distinction. I really started to think of it back when we had the plaid Darth Vader head (Plaidinum 5-12-09). Would it have been a case of infringement if it had been black, but because it was plaid it was now pop culture inspired art?
I also think it's interesting that making a plaid Darth Vader was so well received, but another person turning a photo into a line drawing was "theft" and had the TeeFury Community AND the curator calling for blood.
That is not really accurate. No curator called for anyone's blood, our sole goal was to try and resolve the situation in a way that was fair to both the customers and the two artists involved (the illustrator and the photographer).
The main thing to keep in mind is that while parody is legal, copying is usually not. Plaidinum plays with the concept of pattern when we're used to seeing solid color. It was inspired by pop culture, but was not a direct copy of it. There is no set percentage of how much has to be different to be legal, so in that sense it is a grey area where people have to judge for themselves if it is appropriate or not.
Had it been an exact copy, it would not have been printed here. The curator and staff found Plaidinum to be parodic enough to be legal, and interesting enough to be printed. The Tiger shirt is different in part because we were unaware of the source material and never had the opportunity to judge whether the drawing was original or not in comparison.
I realize that copyright rules are a "gray area" and thank you for trying to explain it a bit for me. I just really didn't understand why the tiger issue was such a HUGE deal because I looked at it as a new representation of a photo, and in my eyes that isn't theft. Just like making a plaid Darth Vader was a new representation of the popular image.
Maybe because I collect art, instead of making it, I don't understand the mindset of an artist as to what their creative property means to them individually and as a community.
On the other hand, if anyone traced my work and passed it off as their own, I would be livid. A parody assumes you know the original and adds to it, while a tracing copies the original and hopes you aren't familiar with it.
To me, tracing is unfair to the person who originated the art, the photographer. When the photographer is credited or work free of copyright is used, it doesn't bother me at all.
I'm having a Cinderella time trying to draw a couple things on my shirt design, and I'm curious what images are ok to use as my template and then fidget with into more of what I'm looking for. (Did that make sense?) Is it against the rules to use a clip art image of a clock or table and then tweak it a bit? I just don't want to get in trouble or have my bum ripped to shreds by the peanut gallery.
"Thank you" to whoever answers my question.
sorry kimoppi im brand spanking new here, but what exactly are you trying to draw out or create? Im understanding that you want to draw something from Cinderella, and that you want to re-create some objects on your work...is that right? i think it would be ok to use a guide for what your doing...but to re imagine it or create it in your minds eye...if its obscure, macabre, or if it describes you and your vision.....that would be rather interesting