there has been some talk about “copyright infringement” relating to art lately ... which is an interesting subject in itself ... but it's also something that can
unnecessarily divide people ...
i’ve never been accused of copying someone else’s style … i’m not sure if that’s good or bad, but for the most part I think my work is unique/weird enough that it’s never been an issue ... and probably for the same reason, i’ve never really run across anyone who was trying to emulate my style ... but it wouldn’t have mattered if I had ... because ...
here’s the thing ...
... no one can copyright or trademark a subject or even a style ...
if someone copies someone's style, including my own, i can think you're unoriginal and uninspired ... but I can’t come after you with an attorney screaming copyright infringement ... actually, i can get an attorney to come after you with a cease and desist letter, but it’s meaningless and wouldn’t hold up in court ...
so what is copyright infringement? ... & what is copyright? ... each individual art work anyone creates is automatically protected by copyright law from the moment of its creation, regardless of whether it's ever registered ... there’s implied protection … this applies to music, and writing as well ... it’s easier to defend a copyright if it has been registered officially, but the protection still exists even if it’s not registered ... so, every painting anyone does, and exact copies, are covered by that copyright protection ...
(btw, if you sell an original painting to someone, you still retain the copyright to that work and the right to make and sell copies… and you keep that right until you expressly assign it to someone else ... in part or in whole)
here’s what i can’t do ... i can't take someone’s paintings and copy their image files and send them to the printer and then sell those as prints ... i can’t take pieces of their image files and try to sell them ~ that's absolutely copyright infringement ... but, if i wanted to, i could look at their work and then paint something inspired by it, or even something that was pretty much the same (excluding a direct forgery) ... that's NOT any kind of copyright infringement ...
i also can’t paint something and claim it was painted by someone else and try to profit from that ...
as for faces, which i really don’t include much in my paintings unless it’s specifically a portrait ... there is a very narrow set of measurements and dimensions that we will look at and recognize as human ... so there are only so many ways one can make a human face ... even if it’s stylized ... no one can copyright eyes or faces or a technique or whatever ... you can copyright a painting of lips, for example, but copyright protection only applies to that one painting of lips ... it doesn’t extend to all paintings of lips you may make ... (although each painting of lips, or whatever subject, has its own copyright protection as an individual work) ... and it can’t prevent anyone else from making a painting of lips ...
aside from actual copyright law, i personally believe there is something about truly original art that comes from a person’s own heart and experience that will make it something special ... there’s a certain deadness to work that someone has simply copied ... even if it’s almost exactly the same, it’s just not the same ...
the important part is missing ...
it’s a corpse, the soul isn’t there ... as well, work can be very, very similar and still be an authentic and original and alive expression ...
here’s my opinion and unsolicited advice, don't worry about copyright ... yours or that of anyone else (as long as you're not stealing the actual image and trying to sell it) ...i worked in publishing for years (mostly written work and photography, not visual arts so much), and the only people i ever heard seriously worrying about copyright were very new ... with a little experience, they calmed down about the whole thing ...
paint what you want to paint ... paint because you have something to say ~ and we all have something to say … tell me YOUR story with your art … because no one is going to do it exactly the same way ... and YOUR right to paint (or draw or write or ) whatever you want is also protected ...
xoxo