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Author Topic: Can you build upon anotherís work to create your own original piece?  (Read 1738 times)

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Offline advjaya

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The famous Judgment Rogers vs. Koons:

has answered this question quite clearly:

Case back ground
Photographer Art Rogers shot a photograph of a couple holding a line of puppies in a row and sold it for use in greeting cards and similar products. Internationally, renowned artist Jeff Koons in the process of creating an exhibit on the banality of everyday items, ran across Rodgersí photograph and used it to create a set of statues based on the image. Koons sold several of these structures, making a significant profit. Upon discovering the copy, Rodgers sued Koons for copyright. Koons responded by claiming fair use by parody.

Outcome
The court found the similarities between the 2 images too close, and that a ďtypical personĒ would be able to recognize the copy. Koonís defense was rejected under the argument that he could have used a more generic source to make the same statement ó without copying Rogerís work. Koons was forced to pay a monetary settlement to Rodgers.

Significance of the case
This is one of those famous cases that encompassed a larger issue in the art world, the issue of appropriation art. Can you build upon anotherís work to create your own original piece? And if you do so, does that constitute derivative work? It also brought up the issue of photography as art, was photography just a documentation of the world, or is it a creative and artistic product? Neither of these issues was entirely answered by the case, of course, but it has also become a reference used in many cases afterward.

You can parallel this with vector-tracing a photograph for your design. Are you creating a derivative work that subtracts value from the original artist?
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Offline Rajit

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Re: Can you build upon anotherís work to create your own original piece?
« Reply #1 on: September 24, 2014, 11:05:18 PM »
Let's say I employ an artist to use a photograph and build a new image based on that photograph. So say its Sachin Tendulkar hitting a four. My artist adds some colours to it, add some effects to the photograph and some text as well. So it looks very much inspired by a specific photo ('cos Sachin hitting a four in a specific way will be same always) but a reasonable amount of modifications are also done on it. So ignoring rights of Sachin Tendulkar for the moment, can the photographer claim violation of copyright law?

Offline advcaroltripathi

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Re: Can you build upon anotherís work to create your own original piece?
« Reply #2 on: September 28, 2014, 03:33:00 AM »
photographer cannot claim any violation as you have made certain changes.
than again, if the photographer files against it than it will be in the discretion of the judge to decide it.

what is guaranteed is that: you will have exclusive rights of the modification aspects


But you will need NOC from Tendulkar for copyright registration, without it you won't stand a chance in the court.
Adv Carol Tripathi
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