Wednesday, February 23, 2011

Scanned Flowers

The snow has melted a little and the big icicles have fallen from our windows. The icicles were so huge they shook the house as they fell sending my dog and cats into tizzies.

But the snow is still so deep I can't get leave the drive way and road.

I have been working on my botanical prints, flowers and foliage that I scan directly into the computer, photographs made without using a camera.

I have developed a technique that creats a sheer, almost x-ray effect, luminous. I especially like the transparency of the foliage in these images.

They are available on Etsy now in various sizes or as cards.
























COPYRIGHT
As some of you know I was an attorney in my prior life, art of course is a little less lucrative (hah!) but a lot more fun.
I often have a hard time reading the Etsy forums because of the all the incorrect legal advice and misinformation given there. So I think I will begin a little series on copyright and trademark - some of the basics and especially some of the issues that come up again and again like copyrighting patterns and the creations made from patterns, using licensed fabrics, etc.
First of all keep in mind that law is complicated, there are often no clear answers. Law has two main sources - written laws - the constitution and statutes and case law - the law as it is interpreted by the courts. Lawmakers cannot foresee all the complicated human situations that will arise so the courts must interpret the law on a case by case basis, creating legal precidents that are themselves reinterpreted by other courts. Anyway just keep in mind that there are rarely black and white answers.

What can be copyrighted? Any original work of authorship fixed in a tangible medium of expression. For the visuals artist this includes:
paintings, photographs, prints, reproductions, maps, drawings, charts, diagrams, sculpture, models, wall reliefs, jewelry.

What cannot be copyrighted?
1. Ideas or other intangibles. An idea cannot be copyrighted only its expression.
For example, you are a photographer and you come up with the original idea of photographing a sunset (let us assume this has never been done before). You can copyright the actual photo you took but not the idea of photographing sunsets. All the other photographers in the world are free to steal your idea and photograph a million sunsets, and then copyright their photos.
2. Useful objects, anything that is primarily utilitarian.
You CANNOT copyright, hats, glove, clothing, toys, toasters, pencils, purses etc.
There are sometimes other legal issues with knock offs of clothing, purses etc. but they are not copyright issus.
There is a major exception - if the useful object has art work on it, that art work is protected by copyright. So if you put your painting on a t-shirt, the t-shirt design cannot be copyrighted but your painting is protected.


26 comments:

Jill Q said...

Looking forward to hearing more!

Sewinggranny - Mona said...

Beautiful art and very useful information, thanks.

magdamagda said...

lovely airy effect! so if I understood well you use the scanner as a camera?:) I studied biology mainly in college and these remind me of all the pressed plant collections I made!

Crimson Hill Soaps & Scents said...

Gorgeous work and valuable info, thanks for sharing!

Terra Verde said...

I am pretty much in love with botanical prints. Thanks for sharing!

asdesigns said...

Beautiful prints! And I think it's such a great idea to do copyright info and different legal things. Sometimes it's very difficult to find correct information out there without actually paying for a lawyer.

jlcjbuzz said...

Very useful and informative! Thanks!
Carol from Carol's Jewelry Orchard

hoganshandiwork said...

Beautiful photos!! And thanks for the info on copyrights!

Jana @ Treehouse Herbs said...

perfect combination - knowing the law and making/taking beautiful pictures
thanks for the information - sounds like a good idea to post more about cpoyright etc...

BijiBijoux said...

Lovely prints. Good tips.
Thank you for sharing!

Michelle said...

Beautiful art... Thanks for the break down on copyright.

Lissie said...

Gorgeous!
And so clever!

Crystal Zacharias said...

Great photos!

elsa said...

wow! stunning work! and i thought i was the queen of flowers!

Crystal Eldoradosoap said...

Once again, beautiful art and great information! Thanks for sharing!

Lbtoyos said...

Very interesting!!!
Thanks

Connie said...

Oh, I can't wait for more on this, too. I love your botanicals - looks like they're moving - wonderful and mysterious!

CalliopeCreations said...

Wonderful information. Waiting to hear more.

Sea Flower Studios said...

Great information! And what a unique way to "photograph" flowers!

Angels and Everlastings said...

I so love to visit your blog -- the pictures of your garden are so beautiful. Great information!

Glitterbird Glamour said...

It's great to get accurate advice! Thank you!

C'est Magnifique said...

Oh my gosh, those botanical prints are beautiful! The article about copyright is very helpful, I'd love to hear more!!

Tania

petite hermine said...

Great information :) Thanks! Also, love the fern photo!

Katie - ToyStoryNutty said...

Great advice - this just came up in another team that I am on. I'll have to send them here for more information. Thank you for sharing!

Jill Q said...
This comment has been removed by the author.
Charlene said...

Great info. And beautiful pictures of Ireland.