Color Nerd TM
Maryam Fine Art
Copyright Infringement
Some people may not be aware that copying someone else's art work or using it without their permission is illegal and you could be fined & even sued. If you are one of these people, please refer to the US Copyright Office for more information, and do NOT copy or use anyone's artwork unless you have their written permission!!!
An excerpt from an article by Alex Colombo. Follow the link for the full article:
http://creativeconceptsdesignstudio.blogspot.com/2013/04/inspiration-or-infringement.html
"When someone sues for copyright infringement, they frequently sue everyone who is involved in the infringement. That would include the artist who infringed, the agent who licensed the infringed work, the manufacturer who made product using the infringed work, and the retail outlets who carried and sold the infringed work. The purpose of the lawsuit is to go after those who are liable and especially those who have the deepest pockets for damages, either specific or by statute.
My understanding is that the damages for copyright infringement are extreme — a range of $750 to $30,000 per infringement. Willful infringement can result in even higher damages of up to $150,000 and in some cases there can be criminal prosecution.
So an artist who is inspired to do work that is very close to someone else's registered work does present an interesting dilemma to those agents, manufacturers, and retailers who might use the work. It puts all of these people in harm's way for as long as the image is being marketed. If the copycat has managed to license the work and it becomes a sizable moneymaker, that is a huge incentive and a great big fat invitation to the artist who did the original art work to sue for infringement. It could be a really gigantic payday and excellent retribution, so why not?"
ARTISTS SUE WINE AND CANVAS FOR UNAUTHORIZED COPYING OF PAINTINGS
BY CYNTHIA CONLIN MAY 28, 2014
Click here to be directed to this Attorney's website
Update: Amended complaint filed on July 14, 2014
On May 5, 2014, Central Florida artist Megan Aroon Duncanson and Utah artist Sheri Marie Wiseman filed a lawsuit against Wine and Canvas Development, LLC and related entities for copyright infringement, therein alleging that the Defendants used their artwork for paint classes — repeatedly — without permission.
The lawsuit alleges that the Defendants are in the business of operating “paint parties,” where they invite guests to take painting classes while enjoying cocktails. When the students attend a class, they are supplied a blank canvas, paints, brushes, easel, and an apron. During each class, students receive detailed instruction, guidance, coaching, and encouragement in how to paint that night’s painting.
The problems giving rise to the lawsuit occurred when copies of Ms. Duncanson’s and Ms. Wiseman’s artwork were used as class subjects — repeatedly — without their permission, the lawsuit alleges. The above images are used in the lawsuit as an example to illustrate the allegations, which include that Ms. Duncanson’s original painting Blue Depth differs slightly but is substantially similar to the copy at right, which, according to Plaintiffs, was used in January and February 2013 in South Bend, Indiana, Wine and Canvas classes. Blue Depth is just one shown example of alleged infringement; other allegedly infringed works include Ms. Duncanson’s Bubbling Joy, Fine Wine, Spring Shine, Twisting Love, and Ms. Wiseman’s Red Bonsai Rain.
Sheri Wiseman’s works are available at her Etsy shop (including original paintings).
Ms. Duncanson’s works are also available through Etsy; she also sells prints through art.com and Artist Rising.
A copy of the complaint is below. Case No. 6:14-cv-00704-ORL-36KRS, styled Duncanson v. Wine and Canvas Development, LLC.
2014-05-05 Complaint in Duncanson v Wine and Canvas, 6:14-cv-00704-ORL-36KRS
Here is another article on why you should not copy art by Eli Halpin