coyright question (art)

[viryblood]

What is the name of your state? texas

hi! my husband draws portraits. he would like to know if it would be an infringement of copyright law to draw a portrait of a famous person who he saw in a magazine or advertisement for profit? for exmaple : a portrait of a country music singer, from a magazine. an actor, or a political person.

 

[ChicagoLawyer]

Depends on the specifics. Now if your husband is merely inspired by the photo and that gives him the idea for the painting....no, that is not infringement. However, if he wants to reproduce the photo in the format of a painting, that is. For instance, say it is a Liebowitz photo and he wants to copy it. No good.

Copyright law gives the exclusive right to reproduce a work and make derivatives. A painting would be a reproduction or derivative.

This is not intended as legal advice, but merely general information. We have no attorney client relationship either.