Copyright and motorsport art

[Emotive Images]

I've been reading with interest the thread on accreditation for photographers.

This issue of owners/organisers of racing series having shared copyright over photographs is one I have a problem with, but I understand why the copyright laws work that way.

What I was wondering was if the same shared copyright situation exists for motorsport artists.

For example: If I take a number of photos at a race meeting and use them as reference material for an original painting, do I need the team/driver/organiser/God's written permission to sell the painting or make limited edition prints of it?

I know there are some great motorsport artists on this forum, how do you guys handle this?

[KC]

I am very sure Andrew Kitson can offer some words of advice on this.

[Emotive Images]

I'd love to hear from Andrew on this. His work is inspirational.

-Mark.

[vwpilot]

I have to start with note that I am NOT a lawyer.

But as a photographer I have researched this a bit. From what I have found, works of art are not held to the same standard. I was told by a lawywer that there is a clause that allows the sale of works of art to be free of such copyright stipulations.

So I would understand this to definately give an artist the freedom to pain/draw/create an artwork free of such problems.

The lawyer actually indicated that this even frees up limited photographs to be sold under the same "work of art" loophole, as photography is art. So selling photo prints for wall hangings etc. to private parties can be classified as works of art and free of copyright restrictions.

Whether this is true or not is beyond me, but is definately an interesting angle to persue.

[Emotive Images]

Sounds too good to be true.

I recall a number of years back that Corel announced the winner of their annual art competition only to later find out that the winning image was based on a photograph taken by someone other than the artist.

Corel ended up suing the guy who won.

I'm not sure it's the same thing as he didn't take the photo he used as a reference.

-Mark.

[Andrew Kitson]

Ah, this old chestnut!

It seems to be a bit of a grey area depending upon whom you speak to. Whenever I paint an F1 image for reproduction, it is usually a good idea to offer the team in question some of the prints in return for using their car / logos in the scene. This also helps to create awareness of the work / artist and these can be used as nice freebies for their sponsors.

Some though will try to reach a financial deal for using their name or corporate identity. It really depends upon the subject matter and the team/company in the image.
I look at it that if painted well ( and there are many brilliant artists capable of this), the magazine adverts connected with the publication of prints should be regarded as free publicity for the companies seen in the work. However, some paintings are shall we say, not particularly accurate and perhaps these companies do not like being associated with them?

In particular, after Senna's death, it appeared that anyone who could hold a paintbrush was putting prints out of the great man and a few were absolutely terrible! The Senna Foundation is now very strict in issuing licences if you wish to publish a print for sale of Ayrton.

Many years ago I asked Bernie Ecclestone where I stood on copyright and he told me that he could not see a problem, as I may paint a logo half a millimetre too wide or not in proportion for example, therefore it is not an exact copy. But he said some companies or drivers may want a cut for printing the drivers / car's name in the title or text on the print or in any advertising of the print. He also said that photographs are a different story as they generally capture the subject as it is, at the events the FIA or FOCA ( now FOM) have copyright for.

NASCAR is regarded as the biggest motorsport series in the world as far as merchandise sales, crowd figures etc. I have been told that NASCAR have this wrapped up regarding copyright and this is why prints are rarely seen on the market unless they are official ones, despite the huge fan base.

[Emotive Images]

Thanks for that Andrew. Great to get the inside track on this.

-Mark.