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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My wife is a recent self taught artist, and has sold a few

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My wife is a recent self taught artist, and has sold a few pieces over the last year, she has just received an email from another artist asking her to stop mimicking her work otherwise she will take legal action, it is not nor has not been my wife's intention to mimic anyones work and has just done her own thing but there are some similarities. what do we do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was she aware of this person's work before she started doing her own pieces?
Customer: replied 1 year ago.
yes she was, might even go on to say she was inspired by the other artists work
Expert:  Ben Jones replied 1 year ago.
It is not uncommon for artists to seek inspiration from the work of others and that may only be natural whilst they seek to establish their own style over time. However, at the same time they must ensure that they do not infringe on the copyright of these other artists, which would automatically protect all work which they were the original creators of. The most important thing to consider in such circumstances is whether the source of the inspiration has been transformed sufficiently that the new work can be considered “original” rather than “derived.” Is there still a substantial similarity between the works of the two artists, because if that was the case then there could be a claim for breach of copyright. As such, it is important to ensure that there is no clear similarity between the works of the two and she should try to find her inspiration from several different sources and retain any notes and source materials so that she can substantiate her creative process. Establishing whether there has been a copyright infringement can be a complex matter so it is difficult to say if she can defend it or not but she should try and avoid having to go that far and if there are clear similarities then she should refrain from using them and try to adopt her own style, even if there are some vague inspirational notes from the other artist, as long as they are minimal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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