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Question About Derivative Work

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From downtheshore/Lynn (0) Send mail to this user on January 13, 2010 2:24:55 PM CST

Hi, new here so please bear with me. I do a lot of work on DSLReports.com in the Artify and Creative Expressions threads, in which one person hosts the thread per week and posts images, either their own or stock images, for people to play with to their hearts content. Any manipulation or artification can be done to the image and it is posted in the thread for all to see. Now, if I'm understanding your rules correctly, what we are doing there to those images is considered derivative work on the original images. And that while the poster of the images owns the copyright to his/her orignal images, those of us who are working on the images own the copyright to the original derivations of those images - not the originals themselves. What I want to be clear about is my understanding that since we have been given permission by the copyright owners to work on those images (and let me just say that sometimes I host those threads and provide the images), our derivative images are considered to be our own and can be posted here, without infringing the copyright of anyone. Am I correct in this?

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From robertwallis/Robert (4,204) Send mail to this user on January 13, 2010 9:25:50 PM CST

I'll get back with on that later after I do some research on it. The rule of thumb around here is that you have to own the compyright to the image or work. However, Fair Use Doctrine lets you post many things that would be violation of commercial law, primarily that this is treated as an educational venue and exempt. I'll get a definative word and let you know.

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From downtheshore/Lynn (0) Send mail to this user on January 14, 2010 7:51:41 PM CST

Thanks. I'll await your response. =)

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From sheenawilkie/SheenaWilkie (132) This user is a Premium Member This user is an Administrator Send mail to this user on January 16, 2010 6:09:10 PM CST

artSIG and photoSIG require users own the copyright to their submissions, while you may use photos/works under fair use that does not give you copyright.

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From cremmins/Ian (463) Send mail to this user on January 16, 2010 4:33:39 PM CST

You may avoid copyright infringement but you may not avoid critiques targeting the fact that the original isnt your work, for it to work for me i would have to see the original so i could see how much influence you have had over the derived work, i am not saying this form of art is not legit, its just that i think maybe artsig needs to make it a specific category in the options so if and when we do view those type of images we know what they are

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From sheenawilkie/SheenaWilkie (132) This user is a Premium Member This user is an Administrator Send mail to this user on January 16, 2010 6:00:17 PM CST

I checked out the type of work you're referring to I think. http://www.dslreports.com/forum/r23649130-Artify-272

This is not derivative work, it has not enough original artwork for copyright. And permission is not enough to allow copyright.

I encourage you to submit your own original work for feedback here.

"6. You may only submit works of art to artSIG if you are the copyright holder. If you created the work then you are most likely the copyright holder, unless you sold the copyright to someone else. If you don't own the copyright then you may not submit the work to artSIG, even if you have some legal rights to it. "

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From cremmins/Ian (463) Send mail to this user on January 18, 2010 1:01:59 PM CST

wha?

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From sheenawilkie/SheenaWilkie (132) This user is a Premium Member This user is an Administrator Send mail to this user on January 18, 2010 1:19:58 PM CST

What part of what I wrote did you not comprehend?

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From majikrose/Cherie (27,343) Send mail to this user on January 19, 2010 10:07:29 PM CST

That makes perfect sense to me....:)

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From downtheshore/Lynn (0) Send mail to this user on January 24, 2010 1:09:48 AM CST

Okay, thanks for the clarification. I didn't want to start off here with a misstep. Too bad, though, because I am really proud of the way some of my efforts on the originals came out. For me, doing the Artify and Creative Expressions threads over there has been my introduction to using the computer to create art, as it has been for a number of my co-posters. I enjoy trying to see if I can re-create certain painterly "looks" by electronic means, and learning the actual use of the various art/editing programs. I guess, according to your rules, I haven't really done any original work, so right now you won't be seeing much from me here now, but perhaps some day in the future... ;->

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From sheenawilkie/SheenaWilkie (132) This user is a Premium Member This user is an Administrator Send mail to this user on January 24, 2010 1:42:56 AM CST

How about working with photographs you took yourself?

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From downtheshore/Lynn (0) Send mail to this user on January 24, 2010 11:31:16 PM CST

Okay, that sounds doable. I'll have to dig around on my computers to find images of my own that I've worked on.

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From sheenawilkie/SheenaWilkie (132) This user is a Premium Member This user is an Administrator Send mail to this user on January 24, 2010 11:33:44 PM CST

Great!

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From administrator/Robert (151) This user is a Premium Member This user is an Administrator Send mail to this user on January 24, 2010 9:28:17 PM CST

What you may consider is using your own original work. Post the original offsite, make an html "img src" link to it and display that in the journal section here on artsig for reference while posting the rework here on Aretsig for critique. Artsig is for an artist's original work, not someone else's reworked image. This sort of derivative work was posted back around September, and the atist was taken to task for it by some other members with some injured feelings coming out of it. If you're not doing your own work, my suggestion is to jump in and start.

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From fly/Ludo (13,560) This user is a Premium Member Send mail to this user on January 30, 2010 3:38:38 AM CST

Robert, there is a work here from a painter that is based on a photograph posted earlier by another artSIGer(and used by permission - which I understand is not 'copyright').
It was not a use of filters, but a water colour based on the photo. Is that considered a 'derivative' (I think technically it is)?

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