Quote:
Originally Posted by jman0war
Let's say you did a black and white charcoal drawing of someone else's art.
Someone you didn't know and someone you may not be able to track down as their image is readily available and widely copied across the internet.
Download Dragon Cross wallpapers to your cell phone - cross dark dragon - 19714404 | Zedge
Then another person approached you because they want to use your black and white drawing in a publication.
Would there be copyright and other legal concerns? |
Yes.
You don't know if the art is copyrighted or not.
If it is, then you could be violating the law and, at the least, face federal fines and/or penalties. In addition, you could be charged with theft of intellectual and artistic property, and could face a civil suit for damages by the artist and/or the copyright holder.
Since the image is on a website that sells art, it's probable that there's a copyright somewhere in the piece.
You didn't mention if you actually tried to find the copyright owner or not. Before you put charcoal to paper, I suggest you make that effort, if you haven't done so already.
Once your image is published, you have no way of knowing who will see it. You might be able to get away without gaining permission to copy, or you might find yourself in court years after the work was done. Without permission, you could be facing a stack of criminal and civil charges. Most don't put a person in prison, but they all bear heavy financial penalties.
Lots of artists get away with copying and never get in trouble, but when trouble shows up, it's always 800 pound gorilla kind of trouble in the art world.
If you haven't already, I suggest you contact zedge as a place to start, and simply ask them if you can do a rendering. Since your usage is a different medium from theirs, I think permission is possible.
Once any permission is given, you will be a lot safer, even if zedge doesn't own the copyright. A lot of artists retain the copyright for the original (and the work itself) and only sell usage rights.
If zedge won't let you use it for free, ask if you can pay a fee, and then take the matter up with the person who wants the piece. Once money changes hands, that's also safer for you.
If permission to copy is denied, then just design your own dragon and cross, as crosses and dragons are both common artistic themes. Just be sure to make enough changes that it is obviously not copied.
And, as an original, you can ask for more money than if you do a copy. Your intellectual property is as valuable as anyone else's.
Be sure to copyright your own work. A form can be obtained online or from a post office. It's easy, cheap, and well worth the protection.
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