If a new artistic item has been created, then I think this supercedes the previous copyright - but I don;t know the details.

Does she know who owns the copyright? If she tries to contact them, they may be pleased to have it used.

An alternative point of view would be that if they sued for breach of copyright, that would be publicity and some people say there's no such thing as bad publicity. Adam Werritty might disagree.

JOHN BIBBY


On 11 October 2011 10:45, Sally Fort <[log in to unmask]> wrote:
Hi Claire (and anyone else this might be useful for)

Clearly the best answer is that she should withdraw it immediately, if she's worried enough to be concerned about the copyright issue then her instincts are probably valid. The repercussions once it is publicly available, especially if she's drawing income from it, could be far worse than the inconvenience of pulling it at this stage. The PR for†whoever†commissioned her could be at stake too - there has been a lot of this lately and even big companies like Tesco and Paperchase have had really bad press and had to pull product lines because of similar occurrences so she's right to be worried. A small organisation would have a lot to be worried about in the same situation.

However, having stated the obvious, there are companies she can turn to for advice such as DACS -†http://www.dacs.org.uk/†and ACID†http://acid.eu.com/

There are some fine details about copyright issues as you probably know, relating to who owns the copyright on the original (sometimes no-one does, in which case she might be OK). Also there are 'loopholes' - depending how many adaptations she's made, it might be seen to be different enough from the original that she can claim it to be her own. Also if the original was creative commons licensed she may also be ok - depending what sort of license it has.

Depending where she lives she might also be able to get advice from a local design development agency (I can probably let you know the nearest one if you want to email me off list to say which area she's in)

Hopefully for the future she knows now that as an artist / designer, creating wholly original work is much better practice, and will also help her carve her own niche which is a better business model for her to persue anyway. But in the meantime DACS and / or ACID should be able to help her work out what to do about this particular case.

Hope she finds a solution that sees her (and the original artist) happy about the outcomes.
All the best
Sally
Sally Fort
Consultant: cultural projects
www.sallyfort.com


From: Claire Adler <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, 11 October 2011, 9:13
Subject: copyright

Dear All
I know this isnít entirely GEM related but I hope someone might be able to help me.†
I am working with a young artist who has taken an image from a website, altered it and has made it her own to be included in a book and to sell on fabric.† However she is now worried about infringements of copyright. Does anyone know what she should do about it?
Many thanks in advance
Claire
Claire Adler
Heritage Learning Consultant
268 Cherry Hinton Road
Cambridge
CB1 7AU
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