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-   -   Mural With Ancient-Egypt Take On Michelle Obama Draws Plagiarism Allegations (http://message.snopes.com/showthread.php?t=95657)

Psihala 25 April 2017 07:33 PM

Mural With Ancient-Egypt Take On Michelle Obama Draws Plagiarism Allegations
 
An art student claims a creative planner stole her work in painting a mural of former-First Lady Michelle Obama on the South Side.

The mural on the side of a building on East 74th Street shows Michelle Obama in ancient Egyptian garb.

http://chicago.cbslocal.com/2017/04/...iarism-debate/

GenYus234 25 April 2017 08:03 PM

If simply printing out other people's photos is fair use, I fail to see how painting from another person's image wouldn't be as well.

Psihala 25 April 2017 09:39 PM

I'm hoping that copyright attorney (and YouTuber) Leonard French picks this story up on his channel.

I'm not going comment on whether painting from an image is plagiarism or not.

In some of French's longer Live Stream videos, he goes over fair use and how the legal system determines if something is or is not fair use. It also becomes obvious after watching a few of those videos how difficult it can be determining if someone infringed on someone else's work or not.

I guess that is why there are lawyers who specialize in that sort of thing.

~Psihala

ganzfeld 25 April 2017 10:59 PM

Quote:

Originally Posted by GenYus234 (Post 1947977)
If simply printing out other people's photos is fair use, I fail to see how painting from another person's image wouldn't be as well.

It depends what it's printed out for. Fair use *might* include many forms of personal use but a mural is far from that. This is like printing out someone else's work and putting it on a book cover.

erwins 25 April 2017 11:22 PM

And not all printing out is necessarily fair use, even if it is for personal use. Try making copies of your professional wedding photos, e.g. Personal use is exactly what they expect you to pay them for.

Gutter Monkey 26 April 2017 09:42 AM

Quote:

Originally Posted by GenYus234 (Post 1947977)
If simply printing out other people's photos is fair use, I fail to see how painting from another person's image wouldn't be as well.

The digital artist credited the photographer (and significantly changed the image), the mural artist painted an almost exact replica of the digital image and not only didn't credit the original artist but claimed the image was his idea.

DawnStorm 04 May 2017 03:10 PM

It's always been my understand that if g-you do not make money from the image, then it's OK to use. That's for music. For paintings et al, a nod to the artist or the byline in the style of.... suffices. I could be wrong. I know a few years ago, I saw a Simon's Cat video on someone else's YouTube channel. I reported that to the Simon's Cat people as soon as I saw it. I get knock-off videos done in the style of*; this was outright stealing.


*Those knock-offs also have different names like "Funny Cat" and/or say in the style of Simon's Cat

ganzfeld 04 May 2017 05:31 PM

Yes, you are wrong. :) Copyright law is complex so no one can be blamed for not knowing every case of fair use. Maybe even the courts don't really know for many cases. But it's certainly not fair use just because you supposedly didn't make any money from the item in question.

Gutter Monkey 05 May 2017 08:00 AM

In any case the artist who painted the mural raised nearly $12,000 via GoFundMe so there was definitely money involved.

In the project description he stated that the mural would cost $15,000 but he was also fundraising by other means and in an update he said that he'd raised 109% of the necessary funds.

His homepage has a gallery section and it looks like most of his work is simply copies of famous photos that he's printed out in a huge scale and plastered onto the sides of buildings, they're not actually paintings.

ganzfeld 05 May 2017 08:37 AM

But he calls it "Creative"!

Psihala 05 May 2017 02:08 PM

I suppose it is... just not the way he probably meant it.

~Psihala
(*As in, "To create I need money, therefore I need a creative way to make money...")


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