any interested in a mosaic tiki picture? - Collecting Tiki

T tikibars Tiki Socialite Aku Hall, Chicago Joined: Apr 11, 2002 Posts: 2034	T tikibars Posted posted on Wed, Oct 20, 2004 12:21 AM These moai mosaics were mass produced. I have seen a few of them over the years. Wish I had one! The copyright issue would be like this: Dawn owns the photo, but since the photo is a photo of someone else's art and is just a reference you are using for the new artist to make a new mosaic from, you can legally use the photo if you want. But I think a "thanks" to Dawn would be in order! :) The artist making the copy of the mosaic is copying another artist's designs. If the new artist were going to mass-produce the new design for profit, the old copyright holder might have a legit complaint. Since the new artist is only doing one mosaic, as a private commission, and has already described to you several ways in which the new one will be different from the old one, this means that if the work is done for free, there is no problem. If it is done for pay, I still wouldn't worry - if the new artist is just doing one, or even a small handful of copies of a product made 40 years ago by an unknown comapny, the likelihood of this company finding out, getting mad, and bothering to file a lawsuit over 4 or 5 pieces produced (as opposed to hundreds or thousands) is next to infinitely small. You also have a leg to stand on in the micro-small chance of there ever being a problem, since the new artist has gone out of her way to tell you that the new piece will be different fro the old one. This makes it an "homage"... or so a lawyer might successfully argue. At the very, very, very worst, the new artist might be issued a cease and desist, which would mean she'd have to stop making copoies of this specific work of art... long after the art has found it's new home. But I'd take 1,000,000 to one odds against even this happening. As long as the new artist doesn't make 100 of these and sell them on a web site, you won't have any problems. So, unless you have ETHICAL problems (as opposed to LEGAL ones) with commissioning a copy of an existing work (happens all the time, but an effort has been ade to find the original artist and copyright holder, to no avail, so you're in the clear ethically, IMHO), then... pay her what she asks, thank Dawn for the reference pic, and enjoy your art. And if the price is right... I may have her make me one too. Do share the quote (and see if she'll lower the price if we order a few of them).

These moai mosaics were mass produced.
I have seen a few of them over the years.
Wish I had one!

The copyright issue would be like this:

Dawn owns the photo, but since the photo is a photo of someone else's art and is just a reference you are using for the new artist to make a new mosaic from, you can legally use the photo if you want.
But I think a "thanks" to Dawn would be in order! :)
The artist making the copy of the mosaic is copying another artist's designs. If the new artist were going to mass-produce the new design for profit, the old copyright holder might have a legit complaint.

Since the new artist is only doing one mosaic, as a private commission, and has already described to you several ways in which the new one will be different from the old one, this means that if the work is done for free, there is no problem.

If it is done for pay, I still wouldn't worry - if the new artist is just doing one, or even a small handful of copies of a product made 40 years ago by an unknown comapny, the likelihood of this company finding out, getting mad, and bothering to file a lawsuit over 4 or 5 pieces produced (as opposed to hundreds or thousands) is next to infinitely small.

You also have a leg to stand on in the micro-small chance of there ever being a problem, since the new artist has gone out of her way to tell you that the new piece will be different fro the old one. This makes it an "homage"... or so a lawyer might successfully argue.

At the very, very, very worst, the new artist might be issued a cease and desist, which would mean she'd have to stop making copoies of this specific work of art... long after the art has found it's new home. But I'd take 1,000,000 to one odds against even this happening.

As long as the new artist doesn't make 100 of these and sell them on a web site, you won't have any problems.

So, unless you have ETHICAL problems (as opposed to LEGAL ones) with commissioning a copy of an existing work (happens all the time, but an effort has been ade to find the original artist and copyright holder, to no avail, so you're in the clear ethically, IMHO), then... pay her what she asks, thank Dawn for the reference pic, and enjoy your art.

And if the price is right... I may have her make me one too.

Do share the quote (and see if she'll lower the price if we order a few of them).

Post #120521 by tikibars on Wed, Oct 20, 2004 12:21 AM