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https://www.bellevuefineart.com/copyright-issues-for-artists/
Fair use deals with the concept that even though a work is copyrighted, and the artist, photographer, or writer has exclusive rights, that certain uses do not constitute copyright infringement. Some artists are under the misconception that once a work is out there in the wild, that any use requires permission.
https://www.artbusinessinfo.com/copyright-and-fair-use-for-artists.html
The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.
https://alj.artrepreneur.com/copyright-infringement-hard-prove-artists/
Aug 12, 2015 · Why Copyright Infringement is Hard to Prove for Artists. August 12, 2015. Nicole Martinez. As recently reported by Blount Art Info, it appears that celebrated neo-expressionist artist Cecily Brown may have a copycat. Or at least, that’s what she’s alleged via Instagram, where the artist denounced that a lesser-known painter had hawked her work and used a clever app to create almost …
https://eyeondesign.aiga.org/what-young-designers-need-to-know-about-copyright-law/
Dec 02, 2016 · If you can prove someone has copied your work, however simple the design, you’ve got a good case to claim for copyright infringement (so long as your design is not a generic shape or common image, like a diamond or a flag design). In Bassen’s case, so many designs were taken both from her and other designers long after they’d been released online, it was extremely unlikely that the …
https://www.cartoonbrew.com/law/beginners-guide-copyright-law-artists-153115.html
In addition to the public domain and fair use, there are certain other uses of a protected work that nonetheless may escape liability for copyright infringement. In the 2004 case, Newton v.
https://www.owe.com/resources/legalities/30-jeff-koons-copyright-infringement/
Koons is an appropriation artist—he uses pre-existing images to comment on contemporary culture. See generally, http://en.wikipedia.org/wiki/Appropriation_art. Mr. Koons has been sued several times for copyright infringement.
https://www.digitalartsstudio.net/five-tips-artists-avoid-copyright-trademark-related-legal-problems/
Oct 19, 2017 · Looking at his experiences might help illustrate how to draw the line between copyright infringement and transformative use. Barney shared this link with images comparing artwork lawsuits in which Koons expropriation artwork was held to be infringing with those in which his expropriation artwork was viewed as a fair use.
https://legalbeagle.com/12718967-what-is-the-copyright-law-regarding-artwork.html
A variety of copyright laws are specific to artwork, as artwork provides some considerations unique to other copyrighted materials. In particular, artwork is subject to the Visual Artists Rights Act, the first sale doctrine and specific resale rights which vary by location.
https://www.legalzoom.com/articles/copyright-infringement-and-substantial-similarity
Jan 19, 2021 · When looking for copyright infringement, courts look to see if the exclusive rights of the copyright owner have been violated and whether the new work is substantially similar to the original work. Whether it was copied on purpose or by accident does not matter when determining copyright infringement, only whether you copied a substantial ...
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