Unrelated training question for fish

[Pam]

Hey fish. Not sure if you'll have any answers for me I was trying to go this alone...I hate asking for help...but I broke down and asked Jack for help and he suggested I see what you have to say.

Here's the deal. I decided to try to make use of my art degree once again. What I do is take pictures, photographs, and turn them into stipple drawings. So far I have only done sports figures, I am working on one of my son and that is proving to be a challange. I would like to start making prints of these drawings and sell them. Only problem is I cant find photographs that dont have a copyright. My first question is do you have any idea if me taking a picture, say off a sports card, and drawing it would be an infringement on the copyright? I'm assuming so. Going with that assumption do you have any ideas how to go about trying to get permission to use their photos? I know who holds the copyright but not sure exactly how to go about writing to them.

I know this is totally unrelated to anything we talk about here and if you dont have time or dont feel comfortable helping I will totally understand. On that same note, if you have any advice I'm all ears. Thanks.

Pam

[fish]

Pam,

Thanks for asking. I appreciate it and would like to be of help.

First, to the point:

Patents, trademarks, and copyrights are specialization areas of the law.

Sometimes one must think of the cost of legal advice as a cost of insurance, a prophylactic device in the true meaning of the word. In the situation you describe, it should be considered a cost of doing business.

I suggest that you call the state bar association, look in the yellow pages, or find a local association of artists. From these sources you will obtain a number of references to lawyers in the specialty. Call the references, find out how much they will charge for a consultation. This should not cost too much. Schedule the consultation. Think hard about what you want to know. Write down your questions, and perhaps take some samples of your subjects and your work product before your appointment. Get an opinion. If you don’t like the opinion, get another opinion. Be sure to have your questions written down before you go in the door. “A lawyers time and advice are his stock in trade.” Have your questions written down, and you will get your money’s worth.

You will then have the lawyer(s) on the hook if you have gotten bad advice and wind up on the wrong end of a law suit. If you were to be sued, you would immediately claim against the lawyer who gave you the opinion. If he/she was incorrect in his/her opinion, you have a pocket other than your own out of which to pay any damages you might suffer.

I know that no one wants to think like that, but lawyers do it for a living. Prepare for the worst case scenario.

As I mentioned, the money for the opinions is probably a cost of doing business, and is probably deductible as a business expense on your schedule C.

Second, off the point and presumptuous, but I rely on your indulgence.

Is there some good reason, that is to say, are you sure that your market is limited to a pointalism rendition of something that is subject to copyright ? There is so much beautiful and familiar - if it must be familiar - stuff that is “in the public domain”.

1. Beautiful and/or familiar does not have to be recent. Go back far enough and you’ll be safe. There is no copyright on the Mona Lisa.

2. Beautiful does not have to be immediately perceived as familiar. There is an artist in Kennebunkport who does 12 pictures of the stuff around her house, and around her town, puts them on top of monthly calendars, and sells them like hotcakes locally and around the country.

3. Familiar does not have to be immediately perceived as beautiful. The artist makes it so. People have kids, pets, and houses. I know a number of folks who have done well going door to door offering personalized originals of homes. So you take the photo and then do the house with trees and shrubbery and they say “ I never knew my home was so beautiful” Of course, you have a portfolio of other works to show your stuff to get them to commission your work. Your treatment gives them insight, lets them see and appreciate what they have.

4. If you are anywhere near a tourist site take photo of the gazebo, the harbor, the ancient tree, or whatever, do your work, make a million prints, and market them through the local studios, or put them as pictures on that calendars we mentioned and market them through the local gift shoppes. They get to take it home.

5. Waddaya mean you can't find any photographs. Take your own. I'll bet you can do a black and white bench, bar, and towel that any gym would want to hang in the lobby.

6. et cetera

My point is that you are an artist !

Do you recall Picasso’s work turning the bicycle seat and the handlebars into the head and horns of a bull ?

You go, girl,

Best wishes,

fish

[Pam]

Fish, thank you SO much!!! Really, I appreciate all the time you took to respond. I didnt expect near that much, thank you so much.

You had some wonderful ideas and brought up some great points. I guess I had my mind set on sports figures because that is what I had done in college. I have a couple pictures of Michael Jordan that I just did..one is still in the works. Doing them just comes easy to me...but I think I need to think outside the box. You had some really good ideas. I'm going to have to sit down and figure things out, take it one step at a time and with any luck...ok with a lot of luck, maybe be able to make enough at this in the next couple of years to get out of this situation.

I remember Picasso well...too well My favorite was always Monet...which was of course the artist we studied the least. In one class we had to remember the names of 500 artists and various facts about them...I aced the test...couldnt tell you a thing about most of them now...heck, I cant even get my own kids' names straight.

Thanks for all the ideas fish, I truly do appreciate you taking time to help me...I owe you.

You've given me a lot to think about...thanks.