ART???!!!

has any painter, illustrator or musician ever come after an author for being inspired by their work?

i've seen painters go after photographers that copy their pose and subject matter (and reverse).

i don't know, i'm genuinely asking.

Well, at the moment, it's just an idea.

My suggestion (and I Am Not A Lawyer, nor do I play one on TV): for now, just write. Maybe it'll pan out, maybe not. Maybe, in the writing, it'll skew further from the art inspiration or maybe not. Right now, it's just an idea, and ideas aren't even a dime a dozen anymore - they're more like a penny a gross.

If and when you finish and publishing (self-pubbing or traditional) becomes an option, that's when you might consider contacting the artist, because at that point there's something tangible involved. Even then, it'd likely be more of an optional/courteous/"thanks for the inspiration" thing than a legal obligation, I'd think, unless you see a very, very clear resemblance between the work of art and the finished story. Inspiration can't be copyrighted or trademarked, as the quote attributed to Pablo Picasso indicates: "Good artists borrow, great artists steal." (Of course, if you're self-pubbing and want to use the art as a cover piece, definitely make contact and get a nice contract in writing before proceeding.)

And if the art in question is itself derived from another work, especially a licensed property (a.k.a fan art), that's a whole 'nother canned ball of waxworms, because then you're dealing with a larger, potentially more litigious property...

My thing is, how on earth would an artist know if your story was based on their art? Unless the book is about an artist with my same name, who draws a picture just like mine, and names the art piece the same name as mine, how on earth would I know you used my artwork as an inspiration? What are the chances this artist would read your book and put two and two together? And even then, you haven't copied anything. I get inspired by music all the time, but as long as I'm not copying lyrics, I don't feel like I'm doing anything wrong. I'm being inspired. That's not the same as copying. Once you change something, the idea becomes your own.

I agree with Brightdreamer--if you want to use the image for your cover, that's different. But artists DO steal. They improve. They reinvent. There's nothing wrong with being inspired by something. If you want, you could always write a little thank you in the back of your book or something. But I highly doubt you have anything to worry about.

Ideas are not protected by copyright.

i'm sure you're fine

Alessandra Kelley said:

Inspiration is not theft.

Click to expand...

QFT.

It is completely legal to poach ideas. You can't take the other person's art or violate a trademark, but ideas are free to be swiped. (It is frowned on, in very-obvious cases, but inventing a whole literary world from a single image? You're not going to be accused of lack of originality for adding that much depth to someone else's concept.)

I saw a book once, even read a bit of it, called something like The Girl with the Pearl Earring, and it was based on a famous painting by Vermeer. It even had the original Vermeer painting on the cover. And okay, Vermeer is too old for copyright, but it was trade published, so perhaps that's at least part of an answer.

Personally, I would send the artist a message as a courtesy. I don't think you legally have to, though

Unless someone reading that book would know it came from that picture just by looking at it, it is not a derivative work, unless you somehow overtly say it is and open that door.