tag:blogger.com,1999:blog-2999230124118604245.post1164315089706226731..comments2024-03-28T09:25:25.716-04:00Comments on Gurney Journey: Ten Principles of Fair Use James Gurneyhttp://www.blogger.com/profile/01870848001990898499noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-2999230124118604245.post-18453343406103385302017-10-01T17:58:19.982-04:002017-10-01T17:58:19.982-04:00Hi, Stephen,
Thanks for letting me know. I notifi...Hi, Stephen,<br /><br />Thanks for letting me know. I notified the website's owner, Ken Swindon that the Waterfall City image is copyrighted and not approved for free downloads. If people want to put a small file on their social media with link and credit, that's OK, as long as it's not a commercial use.<br /><br />I saw some Michael Whelans and Darrell Sweets in that portfolio that are doubtfully in the public domain.<br /><br />Cheers,<br />JGJames Gurneyhttps://www.blogger.com/profile/01870848001990898499noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-65106899186408765912017-10-01T17:33:56.833-04:002017-10-01T17:33:56.833-04:00This website is listing one of your pieces as publ...This website is listing one of your pieces as public domain: https://freeclassicimages.com/Fantasy_Art_2.html<br />Specifically this image: https://freeclassicimages.com/images/Fantasy-Art-Images-0130.jpg<br /><br />I almost used some of what's on their site that I couldn't , but that piece is clearly yours and I don't see any indication that it should be public domain in your site/information.<br /><br />I'd be very happy if you confirmed that it *is* public domain, but I'm guessing it's not so it might be something that you (and any other artists whose pieces you may recognise amongst their listings - you are rather studied in the subject) might need to be aware of.Anonymoushttps://www.blogger.com/profile/01800423499684669293noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-69721836809443181562015-02-18T16:58:19.194-05:002015-02-18T16:58:19.194-05:00I kind of feel that points 4 and 5 give a wrong im...I kind of feel that points 4 and 5 give a wrong impression and seems to encourage using other peoples work in your work. Not that you personally are, James. <br /><br />This is where people get hurt the most, if it goes to a legal issue. If you use someone's work, even partially, you can still be sued. Claiming fair use or transformative won't stop a lawsuit. <br /><br />As my friend, a copyright lawyer says: By the time you're in front of a judge, you're $50K - $100K deep in legal fees, with no possibility of contingency<br /><br />How many artists can afford that?<br /><br />Honestly, I think it's best to skip over parts 4 and 5, and just focus on making original art, rather than trying to reference or transform art. There's more than enough room in the art world for new. <br /><br />TimPhttps://www.blogger.com/profile/06654955006308249313noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-37158548776115303762015-02-17T07:30:41.670-05:002015-02-17T07:30:41.670-05:00June, the Guide states: "The Code applies to ...June, the Guide states: "The Code applies to any copyrighted work used in the United States regardless of whether the work originated outside the United States." I'm sure laws vary in different countries.James Gurneyhttps://www.blogger.com/profile/01870848001990898499noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-89409886348605686722015-02-16T17:52:18.921-05:002015-02-16T17:52:18.921-05:00Would this guide be aimed at use of USA created im...Would this guide be aimed at use of USA created images or world wide?<br />In the UK the term 'Fair Use' has only very recently been added to copyright legislation.<br />Junehttps://www.blogger.com/profile/09794603896579291245noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-532933774914108702015-02-16T17:05:05.911-05:002015-02-16T17:05:05.911-05:00Steve and Daroo, In this case the scientist asked ...Steve and Daroo, In this case the scientist asked if he could use my painting for the press announcement. He said it was the best image to illustrate his paper. I had done the artwork as a commissioned piece some years ago, and had retained second rights. <br /><br />I could have charged the scientist for the usage. But in this case, because it was educational, I granted the rights freely. The various newspapers and magazines would not have paid him or me for such a news usage. Had it been a greeting card or a book illustration, or another such commerical use, I probably would have charged a moderate second rights fee.<br /><br />I did ask for a credit, and, if possible, a link. So if a magazine didn't credit me for it, it was the magazine's oversight, and they really should have. <br /><br />The scientist said that he felt the media pickup would not have been as broad without that artwork, which was a nice compliment. James Gurneyhttps://www.blogger.com/profile/01870848001990898499noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-89840455705510676072015-02-16T16:56:26.990-05:002015-02-16T16:56:26.990-05:00I saw your giant rodent painting in a newspaper he...I saw your giant rodent painting in a newspaper here in the UK. I thought "that looks like something James Gurney would paint" but you were not credited, so I assumed the illustrator had read one of your books. Silly me. On one level, i read your synopsis with relief as I think there is an awful lot of smoke and mirrors and guff talked about copyright as if you own the patent to the elixir of life or something, but it is a shame to use your work and not credit you for it.Karen Eadehttps://www.blogger.com/profile/14753033021426186635noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-90347133455962795322015-02-16T16:43:25.518-05:002015-02-16T16:43:25.518-05:00I also saw the giant rodent painting in the Feb. 2...I also saw the giant rodent painting in the Feb. 20 issue of "The Week" (p.21) and wondered about the pathway of reproduction rights.Stevehttps://www.blogger.com/profile/09596875722436085739noreply@blogger.comtag:blogger.com,1999:blog-2999230124118604245.post-17735947907339438732015-02-16T12:46:32.233-05:002015-02-16T12:46:32.233-05:00So I saw your giant rodent painting reproduced in...So I saw your giant rodent painting reproduced in a magazine called "the week" . Which reproduced it from some other source -- (The scientists' press release? --GJ feb 4th). It was not attributed to you -- in fact there are no photo or illo credits -- The mag lists a website which credits the original publication of the articles.<br /><br />The magazine charges for subscriptions. This seems to stretch fair use for me.Daroohttps://www.blogger.com/profile/02269629297022511462noreply@blogger.com