Tuesday, March 27, 2012

Help who painted this?

Is it illegal to draw or paint a picture of someone art and sell it as your own?

Did you know that whenever you make a drawing,painting or other artwork, you automatically own the copyright to it. Copyright is a form of protection given to the  creators of "original works of authorship," including literary, dramatic, musical, artistic and other intellectual works. What that means is that, as the author of the work, you alone have the right to do any of the following:

1.Make copies of your work
2. Distribute copies of your work
3. Show the work publicly
4.Make Derivatives of the work

What are derivatives?  When I was a stock broker I knew all about investment derivatives but it wasn't until I became a full time artist that art derivatives became a new word for me.

A derivative work is a new, original product that includes aspects of a preexisting, already copyrighted work. Also known as a "new version".
This quick course in art forgery:

1. Fake signatures in particular, how to dissect and analyze ways that works of art available for sale online, particularly at auction sites like eBay, are represented by their sellers. 

eBay, for example, does not actively police their auction offerings, but rather depends on emails from dealers, collectors, experienced bidders and related professionals to notify them of problems like possible misrepresentations, fakes, forgeries and similar issues relating to particular works of art. 

As things stand currently, any seller can describe any work of art in any manner that he or she chooses and as long as no one complains, that art sells to the highest bidder.

As a result, eBay and similar online auction sites are among the more dangerous places for uninformed or inexperienced individuals to buy original art.

  Here are a few ways to help you to know if your purchase is a forgery

1.Is the seller listed as living in the United States?China has become renowned as the world capital of art forgery.

If they list their email or telephone number check it out on one of the numerous reverse address search sites find out where that cell phone or email address is really coming from. Many times there will be an Internet listing on the scam artist.

If it is listed as coming from anywhere but the location they provided in the listing be wary!

2. It seems obvious but check to see if they have multiple listings of the same original.

3.If the price the normal selling price for this artist? All artist list lower prices from time to time but this may be a red flag. Go to the artist web site and send them an email to check. 

4. Check to see if the artist is listing under the "direct from artist" if they are selling on eBay.If not:

 Contact seller and ask if he/she can tell you anything about the origins of the painting and what inspired him/her to paint it. Or "are you the Artist?" If you get a no, or I don't know for either of those questions, walk away
5.If they are listing it as signed by artist and they are not the artist ask:" whose signature is on the painting. "

Enter that name into Goggle and if can find a website, email/phone number contact them and find out if the seller has permission to sell their work.

6. Ask the seller, via email if they have any other art for sell. If they respond check the spelling and grammar in their reply. Yes we all make typos but too many is a red flag.

7.  Know where the artist typically signs their art and compare the location of your signature to them. Most artists sign in particular locations on their art. Any discrepancy in location is a matter of concern. I almost always sign my oil paintings on the left in red.

  A major red flag would be if an artist normally signs on the front of their art, but the piece you are looking at is only signed on the back-- not on the front a good indication this is some kind of copy.
8.Check out the Sellers store, if he is selling more than 10 non art items, or his store is listed with a non-art related title he is not an artist. Artist may sell other things with their accounts occasionally but true artists sell primarily ART. Check the feedback to see how much of the positive feedback is coming from Art Sales. If they are going to consistently sell other things they will open a different store.

Having said this other place to buy original artwork directly from the artist:

Daily Painters

Daily PaintWorks

Contemporary Fine Art International


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Home Page Art by Delilah = http://www.delilah-smith.com

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