Friday, April 29, 2016

Copyright or...Copywrong? It's all so confusing

  The question of copyright laws came up this week.

  So, I thought that I would hand out some free legal advice. But first, a disclaimer......

                                      I AM NOT A LAWYER....so take it for what it is, just an opinion

  For factual information, I would suggest you see an actual lawyer. You know, that guy in the suit and tie, sitting in a lush, downtown office, with a fancy pencil cup on his desk and a secretary. Remember to bring a checkbook or credit card. Does anybody even carry a checkbook anymore?

  Me, on the other hand, am sitting barefoot and cross-legged on the floor in an art studio, covered in paint with a pencil stuck in my ear, talking to a fish. It's your choice to make.

  Here is my opinion. This is me when thinking about copyright laws.......as it pertains to artists. It's weird.........really weird...........


  First off, it is NOT illegal for an artist or, anyone else for that matter to draw anything. You can draw whatever floats your boat.  Just this week, I have drawn these cute little Lilliputians in my sketch book.

  Are these dudes copyrighted? your dern tootin they are. These guys are the intellectual property of Disney. Here is the thing.

  I'm not making money off of these drawings. I drew these for fun and practice. Now, if I turn around and sell these little original drawings and receive payment for such, can Disney come after me? the answer is....
possibly, it's kind of a "gray area". Will they? I gotta say probably not. Here's why.

  I am not going to make a fortune off the sale of these little drawings. Disney most likely would not bother to sic their lawyers on me for something that minor. On the other hand, if I go and have a bunch of prints made up of these drawings or get their tiny mugs printed onto t-shirts for sale, I would probably be pushing my luck and would end up with a cease and desist letter. If I continued to sell them, I would probably get slapped with a hefty fine and a plethora of legal fees. Has that actually happened to artists? Yep, it has.

  This also works the same way with reference photos that some artists use. Photos are art and are the intellectual property of the photographers that took them. Which is why it is always the safest to take YOUR OWN photos for reference. If you can't, then ask that photographer for permission to use their photo. Most are very happy to allow you to use their work.

  As for celebrity drawings, again it's the same. There is a slim-to-none chance that a celebrity is going to show up at your house or studio and let you take their pic. Don't hold your breath. But to draw an original drawing of a celebrity from a photographers reference photo and maybe sell that one, original drawing, most likely won't get you into any hot water. Again, you are not mass producing the art. Here is one I did last year of Jensen Ackles, star of the hit show 'Supernatural"



  So....there you have it, my opinion. I say, go ahead and draw it. I do believe that it is a form of flattery to the talented artists and photographers out there. You are showing an appreciation of their hard work and their skill. Just do it responsibly and give credit where credit is due. Don't copy someone else's work and claim it as your own, it's that simple. And for anyone actually reading MY blog posts, please feel free to share my work as much as you want. Sketch my drawings, go ahead! I won't bite. Just mention my name when you do.








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