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I'm sure everyone has heard of Luc Tuymans, a wonderfully talented Belgian Traditional Artist.  Recently he has come up in the news though in a highly publicized plagiarism case in a Belgian court, a case which he has lost.  It all stems around his recent painting entitled A Belgian Politician in which he used a photograph belonging to Katrijn van Giel of Belgian MP Jean-Marie. 

The two works are shown below as they appear on a newsletter I subscribe to called PlagiarismToday.  It is very obvious they are the same image, though one is a painting.  Despite Tuymans insistence to the court that his work was a parody and was not intentionally infringing, the Belgian court ruled that the painting was a copyright infringement and ordered him to stop exhibiting and reproducing the painting or failure to do so will result in a $580,000 fine (€500,000).

Here's a link to the article on  PlagiarismToday



This case brings to mind a lot of works I have seen here on DeviantART.  Paintings & drawings of photographs from right here on DeviantART where people have not done the polite thing...  ASK FIRST!  There are a lot of "artists" here on DeviantART who think that copyright is a joke, and carelessly flaunt infringements all the time.  It is not a joke, it is serious business, and can end up costing a LOT of money to an unsuspecting artist in the long run. 

Opinions anyone?





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:iconmysterniceguy:
MysterNiceGuy Featured By Owner May 25, 2015
My first thought when I read this was isn't a painting different from a picture.  The more I think about it the more annoyed I get.  Nice work by the way.  
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:iconmysterniceguy:
MysterNiceGuy Featured By Owner May 27, 2015
Wanted to clarify thinking about it and getting more annoyed was a result of the whole situation, not that he painted a picture of a photo.  
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:icon2753productions:
2753Productions Featured By Owner May 31, 2015  Professional Digital Artist
It is just imperative that we, as artists, get permission when using someone else's artwork as a reference.  I've been saying that for years, there is a hell of a lot of it going on here on DeviantART.  For the most part, most DA artists will be okay, as long as they do not use that essentially "copied" work as a source of revenue, which this artist in the article was doing. 
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:iconmysterniceguy:
MysterNiceGuy Featured By Owner May 31, 2015
I agree.  No one should steal.  
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:iconkeremgo3d:
keremgo3d Featured By Owner Apr 16, 2015  Professional Digital Artist
One of my greatest trouble that cost me suspending my 3d model because it was exactly the same concept with a tutorial and I had no idea! This is the other side of the story about artists with photographic memory... I see something with corner of my eye and wasn't even aware that I saw it. In a week or a month that image flashes in my mind like a brilliant idea with every single detail. After my model getting suspended, every time I had a flashing idea I search about it first to make sure if its something I saw earlier and buried to my subconscious mind.

I tried to explain before but no one believes it. I'm actually looking for a doctor who can test me somehow and give me an official report to prove that I have a photographic memory. :hmm:
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:icon2753productions:
2753Productions Featured By Owner Apr 18, 2015  Professional Digital Artist
I'm the same way, except with numbers.  Always numbers.  I can pretty much remember almost every number I've ever used, been told, etc.  Some I'd rather forget too lol >.>
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:iconsoulxmonkey:
SoulxMonkey Featured By Owner Jan 24, 2015  Hobbyist Digital Artist
I think the only instance you should publicize a painting of a photo (a real painting mind you, not a tracing or photobash or whatever) is when you aren't making any money from it. I don't see how it's offensive if, like me, you're just using the photo for practice and personal growth. But this guy as you say is a very famous artist, he probably has access to his own artistic resources AND he's getting monetary gain from it, so you're right he should be punished.
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:icon2753productions:
2753Productions Featured By Owner Jan 29, 2015  Professional Digital Artist
Agreed, however, even "fan artists" have been pinged every now and then.  Television and film franchises and getting more and more "stingy" with their works.  I've seen fan artists here on DA that are selling their fan art (such as Star Trek and the like) and CBS has already announced a while back that they are going to pursue copyright infringements against that sort of thing.  It's a scary thing for a young artists.  Another thing is this "Creative Commons" license that people confuse all the time.  Some people believe that it means they can just grab images here and there off a Google search and use them instead of making sure that those images they use are licensed as CC. 
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