Copyright issues when painting from a demo

QUESTION:

:-) Hi Susie Happened upon your site as I was looking for sea scapes/waves breaking, I,m a beginner In art, I was enthralled by your easy demo of waves, may I ask you the gram weight of the water colour paper you use, as well as to ask if I follow your patterns and instructions and do a painting, I see it is copy right, does that mean I am not allowed to show the finished article at a art gallery, and put my name on the finished painting? obviously I will change as much as I can to make it look different, I would not like to do anything illegal, waiting in anticipation for your answer.   YVONNE

SUSIE'S REPLY:

Hello Yvonne,

Thanks for writing. I like to use Arches brand watercolor paper for most of my work and for the waves I use 140# Cold Pressed paper or 140# Rough watercolor paper.
The copyright applies to my rights concerning the instructional content, protecting my instructions from being used my another for monetary gain. As with most patterns and reference material used for instructions you are welcome to paint from it and sign it with your name. Some instructors recommend if you work from their patterns or painting examples you sign the your painting as a study. Example: Your Signature, Study of Making Waves by Susie Short.
I’m not that strict. Understand that many other students will be painting from the same resources so your painting will not be as unique as it would if you were working from your own resources.

• As for showing or displaying the study…Let your conscience be your guide. You will know how much is “copied” and how much is original or adjusted by you to make it your own work.
• Displaying the study in a group or personal show is acceptable as long as it is identified as a study.
• I do not think a study qualifies as an entry in a juried competition.
• It is ok to give a study as a gift.
• It is not against any “rules” to sell a study as long as you are not misrepresenting it as an original work. Art work for sale in most art galleries is presumed to be original work created by the signing artist. It’s not worth the risk of ruining your reputation or relationship with a gallery to display a work that might be questioned at a later date.
• It is not ok to make reproductions of a study for personal profit.

I hope this information is useful and answers some of your questions. I’m not a lawyer so please do not consider my opinions to be legal advice.

Happy Painting!!!

Susie

Copyrights and Plagiarism

QUESTION: I am in the process of writing a book illustrated with my own watercolors. However, some of these images were copied from other watercolors, even though the actual painting was ultimately done by me. Is this plagiarism? How different does the final image have to be to be different? These are primarily pictures of tea cups. I don't want to do the wrong thing so would appreciate your opinion. Thanks.

SUSIE'S REPLY: How exciting for you! Writing a book is almost like giving birth and could be considered a labor of love. I wish you every success with your adventure!

Now to get down to the nitty gritty: First and foremost: My opinion is given for guidance only; you're advised to consult a copyright lawyer on copyright issues. My information is based on US copyright law. Remember, although there are international copyright agreements, every country has its own copyright laws.

According to the information found on dictionary.com the term "plagiarism" usually applies to literary theft. Plagiarism occurs when a writer duplicates another writer's language or ideas and then calls the work his or her own. The writers' words are protected by copyright as their legal property. It is permissible to quote another writer as long as you carefully give credit to the writer and the source of your quote.

In regards to visual art there is a myth about how different an image needs to be to not be a considered a copy. Some artists believe (and/or have even been taught) that you can legally use another artist's work if you change or alter a certain percentage of the painting. Some say changing an image 10 percent is enough to make it a new image while others say a change of 20% or 30% is required. This is absolutely not true and is only a myth. A copy is a copy.

A good rule of thumb would be when comparing the two images side by side if the another artist's work is recognizable as what your image is based on then you are risking copyright infringement.

Objects or subjects such as "teacups" or the "sunset" can not be copyrighted so that they can only be painted by a single copyright owner. Another artist's work can inspire you but the concept and composition of your painting should be uniquely your own not a copy of their work.

Since you asked for my opinion, if it were my book, I'd use my own teacups, my own sketches and my own reference photos to paint the illustrations from. Let it be totally and uniquely your own without the shadow lurking over you that you might not be doing the right thing.
Just consider any copied images you've done so far practice for what's yet to come.

My personal policy is "if in doubt, don't!" Let you conscience be your guide.

Again, I wish you success with your new book! Please let me know when it's available... I like teacups!

I look forward to seeing your original watercolor illustrations.

SUSIE