infringement?

[Monetmillet]

Hello,

I have a few questions for you.

First, I am a painter and Im assuming that painting *photorealistically* from a photo not taken by myself would be an infringment of the photographer's copyright. Is this correct? An example would be a CHEAP commercial portrait photography studio.

Second, what if a photo was taken of an extremely common place such as my home by a photographer with a copyright? Does this mean that I cannot take a photo of my house from the same vantage point and the same time of the day?

Third, I have a design that I created years ago. I recently found out that an artists in Detroit has come up with an incrediblely similiar composition. Im confident that he coudnt have seen my design or vice versa. Do either of us have anything to fear from the other?

thank you

 

[ALawyer]

First the easiest. No, the first person to take a picture of the Grand Canyon at sunset does not have the excusive right to get paid or prohibit all other people from taking pictures at sunset.

Second, designs can be patented. If he has a patent, then that would give the guy from Detriot exclusivity.

Third, using an image in a work of art may or may not be fair use. It all depends.

 

[Monetmillet]

Thanks for the reply,

let me ask you more specifically about using a photo in a work of art.

In your opinion, if a portrait painter copied a photograph pretty much verbetum would this violate copyright laws? (a photo taken by someplace...say...Olan Mills perhaps.

Also, to go back to the question about two people comming up with the same design such as myself and the fellow in Detroit. Let me be clear by saying the deisign is a painting *esthetic design* rather than a functional design such as a tool. If he gets a patent he then has exclusivity. What if I can PROVE that my image preceded his? Does this matter at all? Also how similiar do the designs have to be for there to be any problems?


thanks again.