Etiquette of Derivitave Work

this is the other thing i was trying to remember. i kept getting caught up in the “f&ck you, pay me” creative mornings session by mike montiero, which is interesting, much longer, and goes into graphic designers business stuff.


While they can say that you are under no obligation (except perhaps a moral one) to accede to their wishes. Once they moved into a public space, they have no legal expectation of privacy so cannot prevent you from taking photos documenting your vacation. They have a legal right to prevent you from using the photo of their art as a replica of the art, but when it’s ancillary to the purpose of the photo, inclusion of their art in the frame/picture doesn’t violate copyright or privacy laws.

Going into an artist’s booth and zooming into a painting can be legally restricted based on copyright, but if you’re taking a picture of the booth or street scene and the art is in the photo it’s public use. You don’t want people taking your picture, wear a mask. You don’t want your stuff in a photo, don’t bring it outside. Practically speaking you can’t do that but nor can the public be restrained from taking pictures on vacation without needing to get model releases and permission from everyone in the street.

Now politeness is a whole separate issue than the legality of things. But people are entitled to be rude or Richards. :smile:


I completely agree with what you are saying. I was just making the point that they would say it to people who would come up and do close-up shots. It is a moral issue.

I agree…if you don’t want your picture taken, don’t be in public. That’s been a longstanding pillar of street photography.

1 Like

:slight_smile: You wonder why people don’t know how to use telephoto options on their cameras/phones. Especially if they’re trying to scab off someone else’s work. :smile:


Didn’t think that for a minute, and I genuinely hope that my comments did not seem otherwise!

Absolutely! And the question and resulting discussions are very valid, even when they’re difficult. @Tom_A pointed out that we learn by standing on each other’s shoulders, and that is a wonderful thing. I’m very grateful for the (many!) forum members here who’ve been generous in sharing their knowledge, experiments & resources. Seems that every creative community that I’ve been a part of - both online and IRL - has their own sort of “collective ethics” for this, so it’s good to explore this stuff.

This sums up my own feelings very aptly:

Personally, I try to credit those who inspire me. It’s a nice thank you, and it can show them how their work ripples out to have a positive impact on others. Similarly, I’ve had other artists share work that was inspired by mine, and it blew me away and made me feel very honored! I don’t think you have to … but it’s a good way for creative communities to encourage and build each other up.


the other positive of attribution is that the person’s work you are riffing off of gets a positive vibe and is more likely to continue to share. if you do something and don’t attribute it, it sometimes creates a negative vibe and the people are less likely to continue. and they may not say anything. they might just stop.

the back and forth is what creates the collaborative environment that this place has become.


Definitely. This has certainly happened to me on a card-making website I used to belong to. The ripping off just left a negative feeling that tends to detract from the nice comments I got.


Well, there just went an hour of my life…fun trip though.

After enjoying about a hour in the wormhole that is The Oatmeal online, I just found out there is a 59% chance my cat is trying to kill me. Hmm, sounds about right.


Chuckle! My odds got bumped up to about a 99.999% chance this morning. We had to take him in for his monthly steroid injection. Wheeeeee! :roll_eyes:


Seems low to me, but I’m thinking there is a 99% chance you bought the book.


Too Funny, I had a friend named “Richard” but my line was people call you richard or rick, but you’ll always be a Dick to me…