Rick Painting

[jcreasy]

Kids,

I have a gal here in Atlanta (actually the mother of a friend of mine) who did all the paintings for my office. She has also painted a full scale Fender Mustang for a friend of mine and my wife commissioned her to paint the 36o/12 BurgandyGlo (the one Kuney sold me long ago) as a Kwannzza Present. Pretty darned accurate and not very expensive. If interested, let me know and I'll send a PIC or two.

The paintings are on thin ply (probably Beech) with a Pine frame behind them. Dimensions are about 4 feet by 2. Nice, modern look and would look cool in a studio or office. Not sure where to put mine yet. Details at 11. Warning, she takes awhile but is very meticulous. Meaning the saddles even look right.

Take it easy,

JKC

[johnallg]

Jim, a pic of the work would be interesting to see - nothing to compromise the original work or artist, but enough to let us see your present.

[beatlefreak]

Yes, we'd love to see some pics posted.

[melibreits]

Would love to see some pics! It seems to me that Rickenbackers lend themselves well to art.... I suppose because they are so beautiful to look at!

[jingle_jangle]

I commissioned Tony Carey to do two paintings of Ricks for me, in his lovely and inimitable style, and now that we're moved into our new dream house, they will find space on the walls very soon. One is of my '60 Capri, and the other a FG 1997. Rick paintings rock, and I hope others will find that they are a terrific way to keep your favorite Rick in your eye while it's in its case!

[jcreasy]

I'll get a PIC for you guys/gals. Pretty cool. She even did the checkerboard upper guard I swap in and out from time to time.

Give me a few days.

JKC

[berth]

My girlfriend wanted to put some pictures of my Rickenbackers on a stock photo site a while ago and they where refused because of apparent copyright violations. Is making paintings allowed? Was the stock photo site wrong?

[jingle_jangle]

A stock photo site? As in, pictures for sale for use in publishing and advertising?

Or a picture sharing site like photobucket.com?

I have about 2,000 pictures of Rickenbacker instruments on photobucket.com. No problems.

[berth]

A stock photo site? As in, pictures for sale for use in publishing and advertising?

Yes.

[jingle_jangle]

Well, there's your answer, Berth. Copyright restrictions.

But a site like photobucket can accommodate you.

[jcreasy]

First, I'll get a pic of the painting this weekend. Second, why would a stock photo site be a copywrite infringement? If you, or your girlfriend, took the picture, then that is your image to sell or do whatever with... Right? Or am I wrong?

Thanks in advance,

JKC

[jps]

"Stock photo" sites are businesses selling images to whoever for whatever their needs are. A site such as Photobucket is not a stock photo site but a photosharing site which would be okay for posting your photos of your friend's paintings. It probably wouldn't hurt, however, to make sure she is okay with them being posted.

[berth]

Well, there's your answer, Berth. Copyright restrictions.

Then I obviously don't know much about copyright's or copyright legislation is different in Holland than it is in USA. In my opinion I bought a bass without signing a contract which restricts me in some way. So it is my bass whatever I do with it. Even if that means making photos of it and sell these photos....

[jingle_jangle]

I'm not a copyright lawyer, guys. I hope we have somebody on RRF who would explain the finer points of this.

But, I would like to post a hypothetical real-world situation:

You take some nice pictures of your Rick bass with the intention of selling them to an ad agency for their use in a campaign with the bass front and center and no doubt as to its manufacture.

Would the agency buy your photos? Nope--at least not until RIC cleared it for use, despite your authorship of the photos themselves.

Second situation:

You take the same pictures with the intent of blowing them up and selling them as fine art prints, listing them on Ebay.

Could RIC stop your auction, and in some cases, have your Ebay account shut down? Yep.

But if RIC were to hire you to provide photographs of their products, and convey the right to take the photos of their products in writing, you have the right to take the photos, and sell them--to RIC, who hired you in the first place. And unless you have their permission to sell them to anyone else, in writing, you are not permitted to do so.

I believe that the issue here is of authorship: RIC owns the copyrights to the design of their products; you own the rights to the photograph of their design. To sell a photo of a Rick without their express permission in writing, is an infringement of their copyright.

If your intention is not to sell, but to keep for your own use with no profit motive, you're in the clear.

Just where the line is actually drawn, and whether it's fluid or not, would be topic of some legal research, I would think. I'm sure there is quite a bit of precedent in RIC copyright issues, as we all know they aggressively pursue violations. Were RIC to pursue and take it to court,they stand a good chance of prevailing in cases such as this, due in no small measure to their practice of constant vigilance, notification, and enforcement.

That's about as far as I can go with this. Are there any legal pros out there who want to pick up the ball, either with anecdote or citation?

[admin]

Paul: There is some very practical information at Cafe Press.