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What is the acceptable percentage of inspiration versus infringement when an artist draws from another's original work without being accused of plagiarism?

The "Fair Use" rule allows artists to use copyrighted material without permission, but the more material copied, the less likely it will be considered "fair use".

Copying another artist's work can be a valuable learning tool, as it allows artists to study techniques and gain inspiration.

Many famous artists, including Picasso and Dalí, have copied the works of old masters to perfect their skills.

Under 17 U.S.C.

§ 501, an artist who copies a copyrighted artwork commits copyright infringement, unless the original artist has been dead for over 70 years.

The Visual Artist Rights Act of 1990 (VARA) gives artists certain powers of attribution and disavowal, even after the ownership of the artwork has changed hands.

The line between inspiration and imitation is often blurry, and what constitutes plagiarism can be subjective.

Artists who copy another's work with the intention of claiming it as their own or profiting from it are likely to be accused of plagiarism.

However, if an artist copies a piece of art as a learning exercise or to pay homage to another artist, it is generally acceptable.

When selling a copy of a painting, the laws surrounding copyright infringement come into play, and the artist must ensure they are not infringing on the original artist's copyright.

The "moral rights" of an artist, such as the right to claim authorship and object to derogatory treatment, are separate from copyright laws.

The concept of "transformative use" allows artists to use copyrighted material in a new and original way, making it harder to prove copyright infringement.

The "public domain" refers to works whose copyrights have expired, making them freely available for use and adaptation.

The "originality requirement" states that a work must be original and not a mere copy of another work to be eligible for copyright protection.

Courts use the "substantial similarity" test to determine if a work is an infringement of another's copyright, looking for similarities in both the idea and expression.

Fair use is not always a clear-cut defense, and cases involving copyright infringement often depend on the specifics of each situation.

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