Photo Lovely
February 25th, 2010
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Copyright on an oil painting done from a photo?
My boyfriend painted a lovely oil painting of a butterfly and is intending to make prints for friends and family. The painting was done from a photograph which he saw in a calendar. I assume that there's no copyright infringement if the prints are just for personal use, but can he legally sell prints of his painting?
Is making money from a painting based on a photo an infringement of the photographer's copyright?
The simple answer is yes, it is infringement. The legal interpretation of "substantially changed" that is applied to a derivative work of art from a copyrighted work is so subjective that it is wise to avoid making this mistake.
It is important to note that most art shows, exhibitions, contests, and galleries also disqualify any work that violates the copyright law. I have even heard of suits filed over copyright when the holder of the original design copyright just happened upon the derivative work on display in a gallery or online.
Best to take your own photos, so you can prove that the idea was your own --- from composition to color to incredible subject matter.
What Is On YouTube Today?
[Photo Montage] Yuna Kim - She's so lovely
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