to be annoyed and remove this painting?

[linslime]

friend is an artist (not for money or anything, but she went to art college and enjoys dabbling when she has time around the kids) and for my birthday last month gave me a beautiful painting.

Bro and newish girlfriend were round for dinner recently and she said ‘oh I saw that painting at [art related event] and considered buying it’. I said ‘oh I didn’t buy it, friend painted it for me’ and she looked at me strangely and said oh maybe I’m mistaken etc.

when they left I googled a few key words plus our city and found the REAL artist. Friend has copied the artist’s painting pretty much brushstroke by brushstroke and passed it off as her own. I did consider that maybe she bought the painting from this artist and pretended she’d painted it but on close examination it’s not exactly the same. But a clear copy. She’s signed the corner etc.

i don’t know why I’m so annoyed. I think because I felt like an idiot in front of visitors who knew the original existed yet I insisted ‘no no that’s my friend’s work’. If she’d told me she’d copied it I would still be a bit ‘hmm’ but at least I would know.

AIBU to not want it hanging in my lounge?

I have a degree in art and have never known anyone to make a like for like copy of another artists painting, it sounds a very odd thing to do to me! I vaguely remember people doing that at GCSE level but not since then.... it sounds like it is a thoughtful gift that you like so I wouldnt over think it in this case however

Exactly. My first degree was in Art. Did tons of drawings and paintings that were copies all to learn different skills/styles, and how different artists used colour, light, space, shadow, movement, layering, etc. It can be harder to copy another artist than to do your own version.

You always sign your own name. You only have to reference the original if you are planning to sell or exhibit the work in a commercial gallery.

Some artists even have huge fan followings, like the late Bob Ross where they all copy his work and deliberately paint in his style.

I think it's a lovely gift that took time and effort. Would you prefer a Bodyshop gift set?

I don't know, I'd be a little disappointed too. No art background here, so I didn't realise how common it is amongst artists to copy, but it would still take the shine off. I think if the original artist's work is that recognisable, your friend should have told you that it is a copy /homage, only to save you embarrassment.
Suppose someone had sewn the OP an extremely good copy of a Chanel jacket? OP would be very embarrassed if another friend pointed out it was a fake.

Just out of interest, how do people feel about artists such as Damien Hirst having a whole team of people actually producing 'his' art so signed by 'Damien Hirst', but in reality the concept may be his but the actual piece is produced by someone else entirely.

darlingdodo- that would be a more normal practice that I have heard of, but then theres a big difference between conceptual art and a painting

I don’t see what the problem is. My cousin is an artist and when she was learning she copied a lot of work. We have some of it but didn’t know the artists so would never have known they were copies. My aunt has her copy of a very famous painting hanging in her house. It’s never even crossed my mind to be annoyed or embarrassed.

If I decided to copy a picture, it would look nothing like the original, so she's clearly talented.

Why does it matter that she's used a picture for inspiration? She still painted it for you as a place that had meaning.

This. It may be normal to copy work for PRACTICE but it is NOT normal to discuss the work with others without acknowledging that it’s a copy, and signing it her own name was not ok. It is very weird to given it to you as a gift and have a whole discussion about it without mentioning that it’s a copy. I guess she gave it as a gift because she knew she couldn’t sell it.

Sounds to me like she was enjoying your admiration and fell into fantasy land. Bit weird. I’d be quite cautious of her!

She signed it so it isn't forging anything. She has done something beautiful. I would just be happy actually. Who cares whether it is original??

She gave it to you, you like the painting.
She didn’t sell it to you under false pretences. You’re massively overreacting.

A lot of artists did this. Usually the art would then be ‘School of artists name’
Artists would take on apprentices/journeymen who’d “rough in” large parts of paintings/frescos/sculptures and the master artist would do the composition, layout, initial sketches and final touches (expression, hands, folds of clothing, etc).

I agree with the poster who said you're just embarrassed at getting caught out not knowing that it wasn't the original.

I'd get over that and think about how much time and effort went into your present, and how much you were enjoying before you found out the truth.

It's a beautiful present and you're very lucky to have a friend who would give you it.

It's lovely that she painted something that had meaning for the both of you and she obviously put a lot of work into it and for that reason I would leave it up considering how much you love it, but to not personalise it even a little bit is a bit odd. I paint and will get inspiration from other artists work, but I wouldn't out right copy it, I'd put my own spin on it and would tell people I was inspired by X by artist Y.
It's not wrong for her to copy it, Unless she was copying it and making a profit for it.

It’s fine for an amateur to copy other works as a practice piece for their own benefit. It’s more complicated if they then want to display or sell the work or (as in this case) give it away. Strictly she should have asked permission from the artist and she should have credited her. (Copyright applies as the artist is still alive.)

That said. making a single copy of a painting and giving it away isn’t the copyright infringement of the century and your friend may not have known what was required. It sounds as if the real issue is your embarrassment in front of your brother’s new girlfriend

Go to any artist’s stall in SE Asia and you will find a hand painted Mona Lisa. Or a Warhol. Or a Dali. Plenty of them now hanging on Home County walls. No big deal.

I'm learning to paint and practice different styles by copying artists. I have also gifted these paintings as I've been proud of them, I choose paintings of things that mean something to the recipient. A lot of time and love goes into them. Never thought to tell them the painting is copied. They aren't snobby enough to care.

Maybe she thought you’d know it was a copy? I agree it’s a bit of an odd thing to do as a gift - if someone gave me their own drawn copy of a Picasso or something yeah that would be weird I think. But maybe she’s just quirky like that. If your DB’s girlfriend recognised it maybe it’s a more recognisable painting than you realised. If she’d copied something more obvious like a Monet or the Mona Lisa you might be somewhat confused - but would you really be so offended?

yes I know she painted it, but it's a fake

It's not a fake, it's a copy.

I’d be a bit embarrassed to have a blatant copy in my house, I’d also think she was a bit strange by not admitting it and pretending it was all her own work from her imagination.

Op I understand why this has taken the shine off a bit.
While it's fairly normal for students or amateur artists to copy grand masters ro learn technique etc it's really not OK to take work by a living contemporary artists & make a direct copy without being upfront about it.
I have a family member who is a very well established artist & regularly has people making copies or using their artwork to make money & it's massively irritating. There's not a lot they can do about it but it certainly bothers them

There is a world of difference between someone making a copy of the Mona Lisa or a Monet and someone copying a local established artist who is currently selling work to make a living.

I do think she should have at least said she used the other artist’s work as inspiration rather than making no mention. A bit like sampling music from another artist and having the decency to acknowledge it.

*I'd either give it back to her (on the grounds above) or destroy it.

I am very uncomfortable with blatant plagiarism*

oh ffs have you got any friends left? You aren't actually serious are you? Suppose you disown friends who eat LIDL versions of Cornflakes as it ain't the real thing?

I mean it sounds like she saw this painting of a place you loved and thought you would love a picture like that and put a lot of time and effort into recreating it

Strictly she should have asked permission from the artist and she should have credited her

Nope, she did not need a copyright license to make a copy for private use. No copyright infringement happened IAW the Copyright Designs and Patents Act 1988:

“107 Criminal liability for making or dealing with infringing articles, &c

(1) A person commits an offence who, without the licence of the copyright owner--
(a) makes for sale or hire, or

(b) imports into the United Kingdom otherwise than for his private and domestic use, or

(c) possesses in the course of a business with a view to committing any act infringing the copyright, or

(d) in the course of a business--
i) sells or lets for hire, or
ii)offers or exposes for sale or hire, or
iii) exhibits in public, or
iv) distributes, or

(e) affect prejudicially the owner of the copyright, distributes otherwise than in the course of a business to such an extent as to an article which is, and which he knows or has reason to believe is, an infringing copy of a copyright work.

(2) A person commits an offence who--
(a) makes an article specifically designed or adapted for making copies of a particular copyright work, or

(b) has such an article in his possession,
knowing or having reason to believe that it is to be used to make infringing copies for sale or hire or for use in the course of a business.

(2A) A person (“P”) who infringes copyright in a work by communicating the work to the public commits an offence if P—
(a) knows or has reason to believe that P is infringing copyright in the work, and (b) either—
(i) intends to make a gain for P or another person, or
(ii) knows or has reason to believe that communicating the work to the public will cause loss to the owner of the copyright, or will expose the owner of the copyright to a risk of loss.

(2B)For the purposes of subsection (2A)— (a) “gain” and “loss”—
(i) extend only to gain or loss in money, and
(ii) include any such gain or loss whether temporary or permanent, and
(b) “loss” includes a loss by not getting what one might get.