Copyright law regarding paintings based on photographs

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NZtechfreak

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#844066 25-Jun-2013 15:28

Interesting question, and particularly interesting about Google image search being able to pick up stuff like that. Thanks for the heads-up and let us know how you get on.

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wellygary

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#844069 25-Jun-2013 15:39

mattwnz:]
I that case, ask a lawyer. There was a case similar on fair go a few years ago, where a company photographed an artwork, and sold it on T-shirts.

The Planet-8 T-Shirt case against Hallensteins failed because there is a specific clause in the NZ copyright act that allows anyone to copy works on public display (including buildings) in a visual form.

The OPs case is totally unrelated to this ruling and on the face of it, it would appear that the painting is a copied work, however the question is how and where the copying took place and under what country's jurisdiction any action would be initiated.

But as many have said get a Lawyer is you want to know if there is any course of action available to you

SCUBADOO

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#844125 25-Jun-2013 16:54

The image looks very "Photo-shopped" to me???

Without even using my PC. in Android - SketchGuru with the defaults and 2 seconds CPU time.
I have another 3 similar apps.
From your post - http://www.mediafire.com/?fl1mbi0dg7pqyq6 - 2.5MB

I will remove it tomorrow or earlier if requested.

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#844131 25-Jun-2013 16:58

Read the rest of the discussion and links and you will see the artist's PAINTING it.

Or CLICK HERE TO SEE IT'S A PAINTING OF HIS PHOTO.

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gradwefran

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#845804 26-Jun-2013 22:34

It seems a clear breach of copyright under NZ law but if the painter is outside of NZ and the breach occurred outside of NZ then it would necessarily need to be subject to the jurisdiction of the place where the painter is. Probably similar law anyway as copyright law is largely standardised under international convention.

I mention this because the real problem for the OP having discovered the breach is an inability to enforce a demand for a royalty without significant expenditure in legal costs without any real certainty as to a positive result.

Plus the recoverable damages might be minimal.

mattwnz

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#845810 26-Jun-2013 22:51

It maybe a painting, but I super imposed the two images on top of one another, and the dimensions are exactly the same, as it all lines up. It looks a bit paint by numbers to me. I don't know what I would do in that situation.

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xpd

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#845877 27-Jun-2013 08:40

Probably printed the original then painted over the top.

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#845916 27-Jun-2013 09:51

Looking through the links posted, the artist (Martine van Tongel) is an amateur and from the looks of the first link, paintings of photographs seem to be her predominant pattern at the moment.

I notice the second link credits jarledb with having taken the photo. Having only just gone there though, I'd be interested to know if the crediting is a recent event based on his email to her on 25th June.

gkjb

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#845929 27-Jun-2013 10:00

Definitely seek legal advice.

IANAL and only did minimal research on it a couple of years ago but I think the last I heard copyright only protected the image as a whole. So in this case it may be enough to consider it a representation of an image and not protected.

The above said this page does lend weight to protection: http://clendons.co.nz/photography-law-in-new-zealand.html' target='_blank'>http://clendons.co.nz/photography-law-in-new-zealand.html

Under Section 16 of the Act the owner of the work is granted the exclusive right to do certain acts with the copyright work in New Zealand. The restricted acts relevant to photographs are:

To copy the work.
To issue copies of the work to the public, whether by sale or otherwise.
To show the work in public
To broadcast the work or include the work in a cable programme service.
To make an adaptation of the work.
To authorise another person to do any of the above acts.

The restricted acts include situations where the copying is of any substantial part of the work as well as the whole work.

xpd

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#845936 27-Jun-2013 10:06

Just noticed that all the images with cars in them, look like a typical Kiwi street scene...... just the model of cars etc :)
Also, theres always a woman with a red bit of clothing..... ;)

XPD / Gavin

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jarledb

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#846513 28-Jun-2013 06:05

Dratsab: Looking through the links posted, the artist (Martine van Tongel) is an amateur and from the looks of the first link, paintings of photographs seem to be her predominant pattern at the moment.

I notice the second link credits jarledb with having taken the photo. Having only just gone there though, I'd be interested to know if the crediting is a recent event based on his email to her on 25th June.

Its a painting she painted in 2010. Have talked to her and I am glad I called her. She is a sweet older woman that are doing paintings for fun and without any profit. She told me the mayor of her town will be lending the painting for decoration but that she is not being paid from it.

So I have told her there will be no problem with the use of my photo for the panting as long as everything is non-commercial. I share a lot of my other photos on Flickr under a creative commons licence and don't mind my photos being used for non-commercial use.

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jarledb

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#846514 28-Jun-2013 06:08

xpd: Just noticed that all the images with cars in them, look like a typical Kiwi street scene...... just the model of cars etc :)
Also, theres always a woman with a red bit of clothing..... ;)

The photograph was taken in 2004 outside of a shop I used to have in Oslo. The photograph have been used by others in the past to show the effect of depth of field. That is how she found it, she searched for "Depth of field" on Google.

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