Painting photographs?

[Dustin07]

What is the name of your state? WA

I know I can't make copies of photographs, but can I paint them? Is there a problem with me gaining inspiration from photographs? I usually make small changes anyways, pulling out one object or adding another. I'm not making exact copies, I just like to use exotic pictures as inspiration. Any legal issues with this?

thanks,

 

[divgradcurl]

What is the name of your state? WA

I know I can't make copies of photographs, but can I paint them? Is there a problem with me gaining inspiration from photographs? I usually make small changes anyways, pulling out one object or adding another. I'm not making exact copies, I just like to use exotic pictures as inspiration. Any legal issues with this?

thanks,

It will depend on how "close" your paintings are to the photographs. If the photographs are clearly recognizeable from your artwork, then there could be problems -- "copying" in copyright law covers more than simple exactly duplicates or Xerox copies.

 

[Dustin07]

Is this a 'grey' topic that is going to result in a case by case basis and the opinions of judges/lawyers/photographers?

What if I were taking a picture of a city filled with people and painted only the buildings? Or the other way around?

 

[weenor]

Is this a 'grey' topic that is going to result in a case by case basis and the opinions of judges/lawyers/photographers?

What if I were taking a picture of a city filled with people and painted only the buildings? Or the other way around?

Your confusing yourself...if you paint objects in a photograph taken by another without their permission, you may be copying proprietary information and could be liable. However, if you take a photo yourself then its your photo and you can copy your own stuff anyway you would like.

 

[divgradcurl]

Is this a 'grey' topic that is going to result in a case by case basis and the opinions of judges/lawyers/photographers?

What if I were taking a picture of a city filled with people and painted only the buildings? Or the other way around?

I guess you could consider this a "grey" area -- there isn't any "bright line" rule that says "on this side of the line, okay, but on the other side, not okay." Copyright law doesn't work that way.

The less your painting looks like the underlying photograph, the less likely copyright infringement is to exist.

 

[Dustin07]

Your confusing yourself...if you paint objects in a photograph taken by another without their permission, you may be copying proprietary information and could be liable. However, if you take a photo yourself then its your photo and you can copy your own stuff anyway you would like.

I'm not confused, I think you misunderstood based upon me not being clear enough. I didn't mean if I actually photographed the picture myself. Under the context of which I was speaking I mean if I took (took, as in used... rather then I doing the actual photography.) somebody else's picture.....

of a city filled with people and painted only the buildings? Or the other way around?

I guess you could consider this a "grey" area -- there isn't any "bright line" rule that says "on this side of the line, okay, but on the other side, not okay." Copyright law doesn't work that way.

Thanks, then I'll assume it's best to contact the photographer in question before hand.