Earlier this week, I purchased a random selection of nine National Geographic magazines from 1967 and 1969 from a local thrift store. A few days later, as I was flipping through volume 135, number 4, from April 1969, I noticed an image by writer/photographer Malcolm S. Kirk that I knew I’d seen, in part, before. Here’s the comparison:
[CLICK IMAGES TO ENLARGE]
Ragged Claws Network 
Fantastic discovery “Ragged”!
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Thanks, “Norman”!
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I personally don’t see anything wrong with that, but we live in a sea of copyright-trigger happy status quo enforcers. (Probably doesn’t make sense I know.)
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Who enforced the copyright of photographer Malcolm S. Kirk or National Geographic in a way that prevented Jeffrey Jones from using a portion of that photo as reference for a painting that was reproduced in a commercial context? Unless you know something that I don’t, Luis, I’d say that the answer is, nobody.
Look. I’m not the copyright police. I neither praised nor condemned Jeffrey Jones’s use of a copyrighted image as reference. But if, as an artist, you are of the opinion it is okay to use other people’s photographs — their art — as reference for your own artwork, then you ought to be okay with people pointing out precisely where and how you’ve used other people’s photographs as reference for your artwork. Unless, of course, you know very well that you what you’ve done is a form of copyright infringement and that you are in danger of being sued if the copyright holders ever notice what you’ve done. Because if that’s the case, maybe what you really need to do is to change what you’re doing and take your own reference photographs or buy reference or whatever.
And keep in mind, copyright doesn’t just protect some other guy’s original creations. It protects your original creations, too… unless you sign away your rights… or fail to protect them…
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I’m totally for freedom of use of all kinds, but since we live in a world of creating capital and whoever doesn’t follow the same ideas falls off the threadmill. I created a pinterest with some of the works I’ve been inspired by and other artists who have used other’s references or have been inspired by an image whether they shot it or not. If someone wants to use my images I give them the right, but the problem is since we all live in the same fish tanks for laws and if I feel I’m drowning because I’m an artist with little income and I see those images used to make a gazillion amounts of money I may try to get some of that in order to feed my family, but if it’s someone else struggling similar to me I wouldn’t ever make a big deal about it. I hope it’s okay to use this example. I’ve linked up the website to it.
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Some of the art and photos were not used as inspirations, but are just similar in theme or composition. I find it very interesting.
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Thanks for the comment, Luis. I’m okay with your use of one or two of my examples of visual “Connections” between the works of various artists on your Pinterest board, but I won’t be happy if you comb through my site and take every comparison I’ve ever posted. Not that anyone would ever do that…
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Thank you RC. To be honest I didn’t know you had done more of those comparisons other than this Jones artwork. I will have to look now just for fun, but won’t use any other examples. My board is pretty obscure anyways. I only do it for fun. I thought this example was excellent because I know many artists are or were inspired by National Geograhics for their exceptional photography especially those older ones from the 70’s and 80’s. Some of those have more contrast and more raw than today’s photoshopped images. Most of the ones I have used on my board I discovered on my own just being curious since I see a lot of similar ideas used around which I think is totally fine as I mentioned earlier. I love the Klimt and Jones comparison you have in the front page. I know he loved Klimt stuff as did those artists that were inspired by Jones or not especially in the comic book field.
I see images/paintings as information apart from being art. When artists study the human form one of the things they use are the drawings from the Classics. If we use them today they are homages, but if we use someone like Frazetta they would be a rip for some even if it’s just to learn something from it. I do think you shouldn’t base your work on someone, but some artists are deeply influenced by dead artists for many years if not for their entire career.
Thanks for the chat.
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