Re: [Spam] [SkunkworksAMA] Art queery

From: Scrapper Black Dragon <scrapperbd_at_yahoo.com>
Date: Tue, 22 Feb 2005 20:47:32 -0800 (PST)

--- wookiee_at_furnation.com wrote:
> > If one does ones own art, but uses another picture as a
> > reference or copies the particular stance or what
ever-> > is that acceptable...

> I use a lot of photo reference in my own art. In more
> than one instance I ended up
> using the same reference other artists have used and have
> been accused of 'copying' them...
Let them acuse; point out the fact you both worked from the
same original concept pic. And the thing is there are only
so many poses you can do. If you break it down, most poses
in the magazines are smal variations of each other.

> (it seems Terry Smith and I have some of the same
> PlayBoy books...
Though I'm sure Terrie's looking for artistic reasons. ;-)

> I don't believe you can 'copyright' a pose.
Correct; though certain stances can become 'signature', but
mean nothing more than having a common association with a
certain artist or charcter. Michaelangelo's "David" (the
guy lying back with his hand/finger extended towards the
other guy, Sistine Chapel) is good example.

> If you are using a magazine image for a
> pose but change it by adding fur and an animal's head
> that should be ok...
Most certainly. You can't stop someone getting their friend
to stand "like the girl in the book" then drawing that. Or
modifying your friend's features to make them into
something else.

> so long as
> you are not reproducing the photo in every detail as is.
> Then you would be
> infringing on the copyright of the photographer for
> reproducing his/her composition.
From my understanding, that even if you do a
photo-realistic picture (as is quite common with skilled
airbrush artists), if you are not selling the result (that
is, not being used for commercial purposes) then there is
nothing they can legally do about it. Hence why we have
classes of students churning out 'photo relistic' pics of
James Cagney, Nick Cage, Miles Davis, etc, etc, etc. You
can also suggest or interpret (that is, change the pic a
little) and then there is nothing they can do about it,
since it is now "your creation inspired by..." And there
is no law on source of inspiration (though what you were
doing to be inspired _may_ be questioned! Think about it!)

> If you see that another artist has created a piece you
> like and want to use their
> pose, I would ask permission first (legal or not, it's
> common courtasy), then take the
> pose from another angle so it becomes unique.
I wouldn't even go that far. IF you are doing exactly the
same pose, in a similar situation, then okay, be nice and
ask. But as anyone who has done my structuring exercises
knows, the result that started from the same pose can be
VERY different to where it was sourced.

> If the other artist has a composition of several
> characters intermingling and you
> decide to use all the poses in the same formation then I
> would say you would be
> infringing on their copyrighted image as you would not
> just be using a pose but a
> complete composition they created.
A bit grey, though again, change a few things (as you
suggested, view angle) and little can be said.

> I try and have my friends pose for me whenever
> possible. It saves a lot of hassle :)
Digital cameras are fantastic for this. Also means you can
do the poses yourself and use a tripod / timer setup. Also
saves heaps of hassle with trying to find a suitable
reference, as I have experienced on numerous occasions.
One of the drawbacks of being a 'low skill' artist.

Scrapper, Black Dragon, original is best, but there is
always going to be similarities.


                
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Received on Tue Feb 22 2005 - 20:47:34 CST

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