Post #135120 by freddiefreelance on Wed, Jan 12, 2005 9:29 AM

On 2005-01-12 04:51, Rattiki wrote:

On 2004-12-16 12:21, kipepeo wrote:
Because we, as the artist, own the idea. Thats our client's piece of paper/canvas/etc..., but the image, the idea, belongs to us and us alone. I am an artist as well. I paint watercolors of Moais. I produce them, and own the vision. The concept. The idea. The client I sell it to, they just get a copy of that, so they can hang it up on a wall and enjoy it. But its not now THEIR idea, vision, and concept. Its mine. Does that make sense? I hope I explained that well, and got my point across ok. :)

That is a fine answer, BUT one question. If you "paint watercolors of Moais" aren't they in turn the lost Polynesian people of Rapa Nui's intellectual property? How about a painting or drawing of a house? Isn't that the architect's? Not that I am disagreeing with you but there is question there.

I think it comes down to the fact you can't copyright an idea. The "idea" of Moais isn't protected, but the actual physical Moais are. You couldn't copyright the idea of painting a watercolor of a Moai, but you can copyright your watercolors & protect them from being copied. I believe you can also sue under copyright protection if someone copys your style too closely without saying that the physical object is a copy, a pastiche, "in the style of," or in some way lets people think that the copy is an original by you.