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Georgia O'Keefe in Your Art Gallery?

Avanti Torok
Registered User
Join date: 15 May 2007
Posts: 91
08-06-2007 13:32
Hello,

I don't know a lot about art, but Georgia O'Keefe is defintiely one of my favorite artists. I love her colorful, interesting depictions of the southwest, deserts, etc.

Does anyone possibly know of a place in SL that sells her paintings? (Searching wasn't fruitful.)

And if you have an gallery, maybe consider selling her work? Just a thought, as I think there would be a market for it.

Thanks,
Avanti
Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
08-06-2007 13:35
Intellectual Property violation? You would technically have to get the permission of whatever museum houses her work.
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Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
08-06-2007 13:41
From: Oryx Tempel
Intellectual Property violation? You would technically have to get the permission of whatever museum houses her work.


Well it depends upon the artist. There's no IP violation on Rembrandt paintings.
Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
08-06-2007 13:44
I heard somewhere that after a certain number of years, like 200 or so, most paintings and stuff become "public" in that any IP regs have expired? Not sure... anyone else know?
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Daz Honey
Fine, Fine Artist
Join date: 27 Jun 2005
Posts: 599
08-06-2007 13:49
just want to mention it is against the TOS and unethical to sell other peoples art...
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Daz Honey
Fine, Fine Artist
Join date: 27 Jun 2005
Posts: 599
08-06-2007 13:50
From: Ciaran Laval
Well it depends upon the artist. There's no IP violation on Rembrandt paintings.
bullshit, you ONLY have 'rights' to share photographs of the paintings that you yourself took, thats it.
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Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
08-06-2007 13:51
From: Daz Honey
bullshit, you ONLY have 'rights' to share photographs of the paintings that you yourself took, thats it.


Well you're not going to be selling the bloody originals here are you.
Daz Honey
Fine, Fine Artist
Join date: 27 Jun 2005
Posts: 599
08-06-2007 13:54
From: Ciaran Laval
Well you're not going to be selling the bloody originals here are you.
ignorance is no excuse, selling digital images of artwork that you did not take or do not have permission to sell is illegal and unethical.
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Sylvia Trilling
Flying Tribe
Join date: 2 Oct 2006
Posts: 1,117
08-06-2007 13:56
Copyrights expire after 95 years and the art passes into public domain status unless a copyright has been legally extended. See http://en.wikipedia.org/wiki/Public_domain
Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
08-06-2007 14:01
From: Daz Honey
ignorance is no excuse, selling digital images of artwork that you did not take or do not have permission to sell is illegal and unethical.


You see those goalposts you're moving.
Oryx Tempel
Registered User
Join date: 8 Nov 2006
Posts: 7,663
08-06-2007 14:07
I did a little research...

Copied from: http://en.wikipedia.org/wiki/Public_domain


Expiration
All copyrights and patents have always had a finite term, though the terms for copyrights and patents differ. When terms expire, the work or invention is released into public domain. In most countries, patents expire 20 years after they are filed. A trademark registration may be renewed and remain in force indefinitely provided the trademark is used, but could otherwise become generic.

Copyrights are more complex than patents; generally, in current law, the copyright in a published work expires in all countries when any of the following conditions are satisfied :[2]

* The work was created and first published before January 1, 1923, or at least 95 years before January 1 of the current year, whichever is later;

* The last surviving author died at least 70 years before January 1 of the current year;

* No Berne Convention signatory has passed a perpetual copyright on the work; and
Neither the United States nor the European Union has passed a copyright term extension since these conditions were last updated. (This must be a condition because the exact numbers in the other conditions depend on the state of the law at any given moment.)

In Georgia O'Keefe's case, it would be the second condition: She has not been dead for over 70 years.
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Chris Norse
Loud Arrogant Redneck
Join date: 1 Oct 2006
Posts: 5,735
08-06-2007 14:09
From: Sylvia Trilling
Copyrights expire after 95 years and the art passes into public domain status unless a copyright has been legally extended. See http://en.wikipedia.org/wiki/Public_domain


This number depends on when the work was created. For works created before 1978 the 95 year rule applies. For works created after 1 Jan 1978 the time period is the life of the creator plus 70 years.

http://www.copyright.gov/circs/circ15a.html
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Shanna Scholten
Registered User
Join date: 25 Jun 2005
Posts: 51
08-06-2007 14:11
Hi Avanti,

I don't sell them, but I have a few in my inventory that I uploaded for my personal use. You can do the same, but I would be happy to send them to you in world.
Atashi Toshihiko
Frequently Befuddled
Join date: 7 Dec 2006
Posts: 1,423
08-06-2007 14:15
If I grab a big art book and scan some of the pictures out of it, so I can sell those images within SL, I may or may not be violating the copyrights of the artists themselves, but I'd certainly be violating the copyrights of the photographers or the book authors.

As Daz points out, if you go physically go to the museum and snap some photos yourself, then you own the rights to those photos and you can probably(*) do what you want with the photos. Assuming of course the museum doesn't have a policy in place forbidding photos, or forbidding the taking of photos for commercial use.

For what its worth I'm an artist in RL and I do sell some of my paintings in SL, and I have some knowledge of some of the copyright laws (in my country at least) as they relate to art. Your mileage, as always, may vary.

But you can assume that if you just grab a digital image from somewhere and start selling it without permission, you are probably violating someone's copyrights.

-Atashi

(* in some cases, in some places, an artist can claim the rights to the image of their work, so if you took personal photos of their work then sold those photos, you'd be breaking the law unless you had the artist's permission or were paying them a commission / royalty on the sale.)
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Reitsuki Kojima
Witchhunter
Join date: 27 Jan 2004
Posts: 5,328
08-06-2007 16:12
On the whole "photograph of a painting" debate...

From: http://www.ibiblio.org/wm/about/copyright-issues.html
Michael Greenhalgh has a very interesting webpage explaining Copyright on various types of Art Objects: There may be two copyrights: copyright in the artistic work (for example, a painting) and copyright in the photograph of the artistic work. You will generally need permission from the owner of copyright in the artistic work unless the copyright has expired. It is unlikely you need permission in relation to the photograph, if the photograph depicts nothing but the artistic work and is indistinguishable from other photographs of the same work. Otherwise, you will generally need permission from the owner of copyright in the photograph.

In other words, when someone photographs a painting of Van Gogh in a museum, producing a picture that is indistinguishable from other photographs of the same work, this cannot be considered an original art creation: it is precisely requested that the photographer annihilate his own personality to only mirror the artist's own personality and reflect the artwork with maximum fidelity through the photograph. Thus, the photographer does not hold any copyright on the picture itself.



In addition, see: Bridgeman Art Library, Ltd, v Corel Corp, 1998, which found that...

From: http://www.law.cornell.edu/copyright/cases/36_FSupp2d_191.htm

On November 13, 1998, this Court granted defendant's motion for summary judgment dismissing plaintiff's copyright infringement claim on the alternative grounds that the allegedly infringed works -- color transparencies of paintings which themselves are in the public domain -- were not original and therefore not permissible subjects of valid copyright


In short, as long as the picture is of the painting, and not a "mood" shot or a wide-angle shot that happened to include the picture, or some such, it's not protected by copyright provided the painting in question is also not protected by copyright.
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Bradley Bracken
Goodbye, Farewell, Amen
Join date: 2 Apr 2007
Posts: 3,856
08-06-2007 16:15
From: Daz Honey
just want to mention it is against the TOS and unethical to sell other peoples art...


LL had better get busy then, they got a lot of work to do policing this one.
Avacea Fasching
Certified
Join date: 23 Dec 2005
Posts: 481
08-06-2007 21:19
O’Keeffe, Georgia (1887-1986)

Her works are copyright protected, plain and simple.

The Georgia O'Keeffe Foundation transferred all Assets to Georgia O'Keeffe Museum in 2005.

ASK THEM THEY KNOW!!

http://www.okeeffemuseum.org

And don’t forget to check with a legal professional in your area…
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Osprey Therian
I want capslocklock
Join date: 6 Jul 2004
Posts: 5,049
08-06-2007 21:42
From: Avacea Fasching
O’Keeffe, Georgia (1887-1986)

Her works are copyright protected, plain and simple.

The Georgia O'Keeffe Foundation transferred all Assets to Georgia O'Keeffe Museum in 2005.

ASK THEM THEY KNOW!!

http://www.okeeffemuseum.org

And don’t forget to check with a legal professional in your area…


I've been there - it's a wonderful place to visit.