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+--- Thread: Copyright Infringment for an Image?? (/showthread.php?tid=381)
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Copyright Infringment for an Image?? - Carolann R - 04-13-2006
I love to paint and did one yesterday with Israel Kamakawiwo'ole in mind...having said that...I put it on some things in my store at http://www.cafepress.com/dreamhawaii
So then I got to thinkin' I know it's my painting but IZ is so famous in the islands could I get in trouble?
I sent an email to Mountain Apple Company and am waiting for reply...hope they don't make me remove him...but - it is what it is. Anyone have any insight?
Mahalo!
Carrie Rojo
RE: Copyright Infringment for an Image?? - Andrew - 04-13-2006
Hi C:
I am no lawyer but:
It is your painting and there is nothing that says who the painting is of on your website and even if it did it is your creation. In my mind you are ok with your painting.
Just my opinion FWIW
RE: Copyright Infringment for an Image?? - Howard - 04-13-2006
You can't copyright a person's name or appearance; you can copyright a specific image or design or photograph that includes one or both of them. If you used a specific pose in which Iz appears on an album cover, for example, or printed his name in the same font and color as it appears there, you could be in trouble. On the other hand, if you created an image of Iz that has not been copyrighted by anyone else, in a pose coming from your own imagination, you should not have any problem. Mountain Apple has rights only to its own creations, not to Iz himself.
Howard
RE: Copyright Infringment for an Image?? - Carolann R - 04-13-2006
Thanks Andrew...I thought if it was just labeled "Braddah" that would be okay...and really, I could change that...I could just call it "Hawaiian" if that's a better way to go!
Mahalo!
Carrie Rojo
RE: Copyright Infringment for an Image?? - Carey - 04-13-2006
Carrie, I think that Andrew & Robert are correct, with some legalizey. I remember that in Chicago there was a big hooppla over a student painting of the late mayor Harold Washington in lingerie, that was part of a public exhibit. The exhibit was funded by a federal arts grant, and there was something about resinding the grant.
Something you may need to think about. Although your work, by law, cannot legally be copied, the Cafepress format allowed me to download images. Hence, someone could easily take your images (esp. unscrupulous people) and use them as their own (I saved the Lei picture, & did not notice your cartuche or signature, but I could have missed it). I did erase it from my disk. I am alerting you to this as I had someone take one of my published UW images of a child snorkeler and modify it (illegally), hence I am always a little leary of how my work goes online.
Aloha, Carey
RE: Copyright Infringment for an Image?? - Carolann R - 04-13-2006
Thanks for that info! I did send and email to Mountain Apple Company (they manage the IZ music)...they haven't responded yet. I have only made 5.98 off this website so far and the cost for the first month is 6.99, so it's not like I am raking it in...however...I didn't know you had to have permission to have an artistic impression of someone on this level...if I DO...I certainly will pull it. I love Israel Kamakawiwo'ole and his music. If I was on a desserted island that would be one of my 10 choices for music without a doubt! I did an oil pastel of Slash 15 years ago (which also appears on my site) and I am not real worried about that one either. I don't wanna take anything that isn't mine, but it's hard when you paint and get inspired by someone or something -- it makes me wanna paint it! I'll check out the info -- and will wait for Lisa from Mountain Apple to get in touch with me. Any insights here are certainly welcome!
Mahalo!
Carrie Rojo
RE: Copyright Infringment for an Image?? - Carolann R - 04-13-2006
Thanks! I saw the cover of a Rolling Stone about 15 years ago and he was on it with a friend of his (snake) creeping up his arm...I did my version in oil pastel...It looks great on a black t-shirt. I have seen a sight where they do a t-shirt countdown each month and there is some bonafide junk there. I mean if your into shock and all that...I just love color and images but that's me, eh? Thanks for the kind words. I really have held back on my work for sooo long. I also wanna do a website when we get to the BI -- maybe Hawaii Scrubs or something...I need to be at home with my mom who is disabled and wanna do some income producing things. Cafepress really doesn't bring the money in...they only gave me $1 for each item, but I figured it's a start while I get established anyway.
Mahalo!
Carrie Rojo
http://www.cafepress.com/dreamhawaii
RE: Copyright Infringment for an Image?? - Carolann R - 04-14-2006
Aloha all.
WELL, I was asked by Mountain Apple Company to remove the image even though it does not have IZ's name or a real photo of him. She said it is immediately recognizable as Israel Kamakawiwo'ole and that I do not have permission to use it. I am still talking to them about it, maybe getting permission. I only PAINTED it three days ago! I have made NO money from this image and I DO want to do the right thing...the SAGA continues...
Mahalo
Carrie Rojo
RE: Copyright Infringment for an Image?? - John S. Rabi - 04-14-2006
Don't let them bully you, tell them to take a hike! That picture pretty much looks like my cousin who looks like most of the brahs here!
Aloha,
John S. Rabi, ABR,CM,CRB,FHS,PB,RB
http://www.JohnRabi.com
Typically Tropical Properties
75-5870 Walua Road, Suite 101
Kailua-Kona, HI 96740
(808)327-3185
RE: Copyright Infringment for an Image?? - Carolann R - 04-14-2006
Thanks John! What a sweetie...'course I've SEEN your picture...we all know betta.
Carrie
