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Copyright rules for painting from a photo?
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TOPIC: Copyright rules for painting from a photo?
#7755
Re:Copyright rules for painting from a photo? 9 Years ago  
For my work, I use photos for reference. I do not copy faithfully. So where do I stand with regards to copyright?

I may copy the composition of 1 photo but the colors of another so am I breaching copyright laws?
Cathy
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#7764
Re:Copyright rules for painting from a photo? 9 Years ago  
probably for the composition
depends on whether it counts as derivative (yes) or transformative (no). The only way to find out is an expensive court case. The only way to definitely find out is an even more expensive appeals case.
There's lots of bad advice on copyright on the internet. that may include the above.
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\"Tolerating mediocrity is deadly. It might be the sin that underlies all other sins.\" - Mikaya Heart
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#7901
Re:Copyright rules for painting from a photo? 8 Years, 12 Months ago  
Copyright issues: a more humorous view from what is usually an informative blog on legal perspectives (american bias)
efikim
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#8075
Re:Copyright rules for painting from a photo? 8 Years, 11 Months ago  
This was a good thread to read, I had to find out about the same thing as I started to touch painting again. I can't draw very well from my own mind, so I have to have a reference, especially when it comes to drawing people.

I found that you can alter pictures , backgrounds, clothing, colors and you wont have to worry about the law. Just enough so that others can't say it's a 'copy' but an 'idea' from a picture.
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#8079
Re:Copyright rules for painting from a photo? 8 Years, 11 Months ago  
Sahetah, if others can identify that its based on a particular photo you are at risk of contravening copyright law. (Unless it is purely for personal use.) See my answer to Cathy.
efikim
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#8620
Re:Copyright rules for painting from a photo? 8 Years, 11 Months ago  
Copyright is a pretty serious thing.
Photos that are not mine are only used to clarify things for me when I create my illustrations - christmas cards, birthday cards, etc. What does a racoon's paw look like? What shape is a deer's nose? What are the characteristics of a pine tree? By the time I've created my illustration there is no reference point to any one photo. In art school we learned how to use reference material to draw or paint as opposed to copying it. We also painted copies of the masters to learn technique - but I'm not going to display them or try to sell them.

My paintings on the other hand are only done from pix I have taken or places I have specifically been to. (I'm not going to paint pix of Big Sur because I haven't been there.) I don't however have any problem sharing photos with people who were with me on site. In other words - If I'm at a workshop & we are all painting in a spot (let's say Otter Cliffs in Maine) and taking pix for later - maybe one person's pix didn't turn out well or they forgot their camera - I'm happy to share. We were all there at exactly the same moment in time. No big thing. My photo isn't going to look too terribly different from something they would take as we were all standing on the same rock at the same time of day anyway.

I will say this too: I know of a specific incident, in a Watercolor Society - one of the big ones, of the winner being disqualified and subsequentially banned from the society and exhibiting because he copied someone's photograph and did not credit or get permission from the photographer.
The photographer came across the image on line or in a magazine and contacted the society. It was a pretty big scandal & embarrassing for the artist, the judges and the Watercolor Society.

To me it's about authenticity - to yourself and others.
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