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selcier

Ethics of Art

selcier
9 years ago

I have a moral cunundrum. My husband has been pining over an art print. We saw it it a shop last year and he didn't want to make a spur of the moment purchase on something rather expensive. Yesterday, I saw a smaller version of what we were looking for on an ad for an estate sale for this morning. It was gone when I got there a half hour after the sale started.

These prints are (apparently) rare and hard to find - a huge collectors item. Personally, I don't care if it is original - we just love the art!

So, what are your thoughts on printing my own large copy? The image is available online. How is posting art that you didn't buy to our pinterest board okay but a hard copy to keep in my own home not okay?

Stealing? Unethical? Okay? A moral grey area?

This post was edited by Selcier on Sun, Aug 17, 14 at 11:01

Comments (21)

  • Annie Deighnaugh
    9 years ago

    Stealing and unethical.

  • palimpsest
    9 years ago

    I'm not sure where you would get the original to print?

    If it's for your own use and you weren't trying to pass it off as something genuine and sell copies I don't know that it's unethical if images of it are available.

    But if you would have to use an original (say buying but returning or reselling the original print) I think that would be unethical.

  • MagdalenaLee
    9 years ago

    copyright infringement. If you copy something you would have otherwise purchased for the same use, you are robbing an artist of his livelihood.

  • 66and76
    9 years ago

    If the art work is old, like 100 years or more, I believe it passes into the public domain and copyright is gone. (You can look up copyright law online.) If this is true, you can make a copy of the online image and use it in your home. Just don't try to pass off a copy as an original---make it a different size than the original so there can be no question that it is not the original.

    However, if the art print is newer and you could find and purchase the original, you should make the effort to buy it.

  • 66and76
    9 years ago

    Selcier,
    My statement "you can make a copy of the online image and use it in your home" may not be the case.

    http://www.arsny.com/basics.html

    *The online image of the art print may carry its OWN copyright.* You might be able to write to the online source and get their permission to copy the image.

  • sixtyohno
    9 years ago

    Who is posting the print? Does this person or company have the rights? It seems odd it would be posted without attribution or say public domain. See if it comes up on any other sites with attribution.

  • selcier
    Original Author
    9 years ago

    It's a print that was from a book published in 1961. I have no idea if more than a few copies even exist. I think the guy who drew is still alive. But there is just no possible way to purchase it. And even if I did find it, they would be from an after-market seller not from the artist.

  • arcy_gw
    9 years ago

    Interesting question. If this art is truly not for sale ANYWHERE can one be accused of stealing? Most pictures with proprietary ownership posted on the internet will not print w/o a water mark appearing on them. Does your copying it make the sold pieces less valuable? Perhaps part of the value is in the rarity? In this case the answer is pretty simple, if the artist is alive ask him how you can get an inexpensive copy of the piece you so love. His response will give you the answers you seek.

  • Lars
    9 years ago

    The artist may or may not have sold the copyright to the work. If not, then it still belongs to the artist, but if he sold it [the copyright, that is], then the copyright belongs to the one who bought it.

    Best to contact the artist and find out who owns the copyright now. Not being for sale does not mean being up for grabs!

    Lars

    This post was edited by publickman on Sun, Aug 17, 14 at 16:57

  • dethcheez
    9 years ago

    1st mistake posting publicly / LOL
    Nobody'd know if you didn't tell

    If it's posted on the interweb & the pic is a high enough res. to get make a good copy
    Go For It

    It's for personal use
    It's not like you're making 100s of copies to resell

    I guess it's nice to see so many people with morals
    But before you cast that 1st stone
    Can you say you've NEVER recorded a movie off the TV or made a copy of an album or printed an image you liked off the web

  • MagdalenaLee
    9 years ago

    This is not a difficult question although I understand that people have a hard time grasping the concept of copyright.

    If this art is truly not for sale ANYWHERE can one be accused of stealing?

    Yes! The person who created the art is the owner or the person who owns the rights to the art is the owner. The person who has reproduction rights does not own the art but is aloud to reproduce for sale.

    If you did not purchase -->you do not own-->therefore it is not yours to take.

    Furthermore, a work of art does not have to have a symbol or watermark. The "Berne Convention for the Protection of Literary and Artistic Works" says that a copyright is automatic and registration isn't necessary.

  • nyboy
    9 years ago

    Can you buy a copy of the book on ebay? If so remove and frame.

  • lucillle
    9 years ago

    copyright info

    Here is a link that might be useful: copyright

  • nosoccermom
    9 years ago

    "Fair Use"

    *** Discussing a copyrighted work, definitely fair use
    *** Non-commercial use

    Surprisingly, " A few things are always considered fair use:
    You can make a single copy for personal use." (link below)

    And from Ohio Bar Association:

    "Q: What is the most important factor in the fair use analysis?
    A: Often the character of the use is the most important factor. If the use is related to a profit-making activity this suggests that the use is not a fair use. For instance, photocopying a Dilbertî cartoon, framing it, and selling it would not be a fair use. However, hanging that framed photocopy in your own home study would probably be a fair use. If, however, it is determined that the framed cartoon reduces the market for framed Dilbertî cartoons sold by Scott Adams, it may not be fair use. The fair use analysis is not always easy."

    Here is a link that might be useful: Fair Use

  • amck2
    9 years ago

    I haven't posted my KD's floor plan for my kitchen remodel when asking for opinions on the Kitchen Forum. When she presented me with the plan she requested I not print copies to distribute.

    We didn't contract specifically for the plans. They are part of her service which includes purchasing cabinets through her and using her team of tradesmen for the work.

    I completely understand her request. It's her intellectual property and it shouldn't be put out there for people to copy the design without any compensation to her.

    But once I've paid her in full, I presume I can post my reveal. It's really a muddy area, isn't it?

  • TxMarti
    9 years ago

    Agree with everything said above about copyright. But I want to add that unless it's a high resolution picture you found online, chances are it won't even print out into an 8x10 without a lot of distortion.

  • Annie Deighnaugh
    9 years ago

    You can only copyright the expression of an idea, not the idea itself. So if a designer designs a room in a certain way and you use it as inspiration but make it your own, it is not a copy. If you copied the room exactly, well then, you are making a copy.

    In the same way that if you read someone else's idea about something and express it in your own words, that's not a violation...but if you copy it word for word, that is copyright violation. You are allowed a de minimis use, so using a short quote of someone else is not a violation...

    Art is the expression of the idea, so if you make a copy of artwork that is a violation. I don't know if you notice ever, how many of the decor or real estate shows will blur out the actual artwork in a room so they aren't copying it.

  • peony4
    9 years ago

    "... if you read someone else's idea about something and express it in your own words, that's not a violation..."
    Actually, Annie, in academia and many professions, this is indeed a violation. When paraphrasing (which is what you describe here), it is appropriate and often required for one to cite the original source of the information when it's in written form.

    When we borrow the creativity (whether words, art, design, etc.) from others, the issue is not always monetary compensation to the original creator, but rather giving credit where it is due. What the OP suggests for her personal use is similar in terms of morals and ethics (her original concern) than what many of us do when we use ideas from Houzz, the shelters, design blogs, etc. "Making it our own" is just a reflection of our individual interpretations of what's morally and ethically agreeable to do.

  • Annie Deighnaugh
    9 years ago

    Peony, but citation does not protect you from copyright...some think it's ok to copy so long as you attribute, and that's not the case.

  • Kippy
    9 years ago

    It stealing. If you want t purchase a print. Try Getty, they probably have the image

    If your neighbor left the keys in their car and you just wanted to take it for a drive and return it later, do you think it would not be stealing? Or is it only stealing if you use it to deliver pizzas?

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