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Q: Tweaking a Pencil Drawing by HRH Princess Louise, Duchess of Argyll ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Tweaking a Pencil Drawing by HRH Princess Louise, Duchess of Argyll
Category: Arts and Entertainment > Visual Arts
Asked by: probonopublico-ga
List Price: $5.00
Posted: 25 Aug 2003 07:59 PDT
Expires: 24 Sep 2003 07:59 PDT
Question ID: 248510
I have a copy of the Memoirs of Alexander Wolkoff-Mouromtzoff, who
died in 1928 and who painted under the pseudonym of A N Roussoff. I
presume that all the works of the gentleman in question are now free
of copyright.

The book contains a pencil drawing of the author by HRH Princess
Louise, Duchess of Argyll, who died in 1939, and I presume that I
would still need permission to reproduce this before 2009.

However, if I were to rework the pencil drawing ....

Would that then be OK?
Answer  
Subject: Re: Tweaking a Pencil Drawing by HRH Princess Louise, Duchess of Argyll
Answered By: knowledge_seeker-ga on 26 Aug 2003 10:24 PDT
Rated:5 out of 5 stars
 
Thanks Bryan,

That's twice in two days! 

In addition to my comment, here's the link to the UK Patent Office.

UK PATENT OFFICE - COPYRIGHT
http://www.patent.gov.uk/copy/index.htm

As you probably already noticed, it's decidedly unhelpful in answering
your question. But I did manage to find this rather interesting
trademark opposition decision.

SCHOLASTIC INC., AND OPPOSITION IN THE NAME OF EMILIE BOON
http://www.patent.gov.uk/tm/legal/decisions/2001/o28701.pdf

After looking at the obvious similarities between the drawings being
compared on page 14 of that document, I was astonished to read that
the Opposition failed on all grounds.


Thanks for your question --

-K~

search terms: 

UK copyright art copy change recognisable
probonopublico-ga rated this answer:5 out of 5 stars
Perfection ...

Again!

many thanks

Comments  
Subject: Re: Tweaking a Pencil Drawing by HRH Princess Louise, Duchess of Argyll
From: knowledge_seeker-ga on 26 Aug 2003 08:17 PDT
 
Hi Bryan --

This might help answer your question:

"Straight copies of another artist's work are therefore, by
definition, unoriginal. Consequently, an artist who adapts another
artist's work to the extent that it can longer be identified as the
product of the original artist, is probably not infringing copyright."

U.K. Questions of Copyright
http://homepages.tesco.net/~p.wilkinson/Copyright.htm

The way I have always understood it is, that if the original work is
immediately recognizable, despite your changes, you are infringing on
the copyright.

Also from the above:

"Satirical Works and Cartoons: 
You may parody an idea from an existing copyright by using your own
skill and effort. This will not be an infringement."

Hope that helps -

-K~
Subject: Re: Tweaking a Pencil Drawing by HRH Princess Louise, Duchess of Argyll
From: probonopublico-ga on 26 Aug 2003 09:14 PDT
 
Hi, Knowledge Seeker

That's exactly what I wanted.

Many thanks!

Now, please post your comment as an answer.

Kindest regards

Bryan

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