Copyright infringement

[goldenpoppygirl]

I'm an artist living in Colorado and have a question about copyright infringement. As a visual artist, I often use photographs as a reference to create my paintings and drawings. I usually use my own photos or personal photos that are provided by my clients, but I have often seen photos either in books or in magazines that I think might be fun to draw or paint.

My question is: Would using those photos to create a painting or drawing (drawing and painting the image freehand onto a canvas or paper), constitute copyright infringement against the photographer, especially if I get a chance to sell the item later on or if I want to use it as part of a portfolio published online?

 

[Hot Topic]

Feel free to paint or draw the photos you see in a book or magazine and put them up in your house or apartment. If you paint or draw those photos with the idea of reselling them or presenting them as your work, you're violating copyright.

Why not create something original yourself and copyright it?

Would you like it if someone took a picture of something you created, put it on a shoulder bag and sold it at a street fair as their creation? And you, as creator, got none of the profit.

 

[goldenpoppygirl]

Thanks

Thanks for the answer.

Just to clarify things a little, as a part of my professional work ALL OF MY ART IS ORIGINAL and I DO have a number of works registered with the US Copyright Office, and I have NEVER tried to profit by using someone else's work nor claimed anyone else's work as my own. Since I've had someone steal my actual artwork and present it as his own before, I would never do it to anyone else.

However, my friends and others come into my home, and since they know I'm an artist, they sometimes offer to buy a particular piece that they like, and I wanted to know if it would or would not be all right to sell it to them, depending on if it were one of my originals or if it were a painting that I'd done from photograph I'd seen in a book, that's all.

 

[Hot Topic]

If it's a picture you took, you can do what you want with it. Keep it, give it away or sell it. If it's a picture you took from someone else's book, check the first few pages. If there's a copyright line, you can't legally photograph any of the pictures and present them as part of your portfolio or attempt to sell them as if they were your work.

 

[justalayman]

.
, depending on if it were one of my originals or if it were a painting that I'd done from photograph I'd seen in a book, that's all.

if it is a painting you have done of a photograph or anything else that carries a copyright, then it is not your original work and is protected by the original copyright on the original artwork. Simply copying them is an infringement but if it is only presented in your home, there is little chance of it being discovered or being sued for copyright infringement.

If you sell it, it is a whole different situation. While both are technically illegal, the selling is what would garner the interest of the original artist and possibly invite a suit for infringement.

 

[goldenpoppygirl]

Ummm...thanks

I'm a painter/illustrator, I'm NOT a photographer , so I was asking about if it were okay to paint or draw (physically, not digitally) from another person's photograph and use the painting/drawing that I did as part of a professional portfolio.

I'm also not saying that I would claim the photo that I used as a reference as my own. I'd give credit was credit wwas due and wouldn't phot/copy anything without permission.

 

[justalayman]

=goldenpoppygirl;2339651]I'm a painter/illustrator, I'm NOT a photographer , so I was asking about if it were okay to paint or draw (physically, not digitally) from another person's photograph and use the painting/drawing that I did as part of a professional portfolio.

No, it is not.

and I answered your question with that info in mind:

if it is a painting you have done of a photograph or anything else that carries a copyright, then it is not your original work and is protected by the original copyright on the original artwork. Simply copying them is an infringement but if it is only presented in your home, there is little chance of it being discovered or being sued for copyright infringement.

I'm also not saying that I would claim the photo that I used as a reference as my own. I'd give credit was credit wwas due and wouldn't phot/copy anything without permission.

doesn't make any difference. The work is theirs regardless what medium it is presented in.

 

[goldenpoppygirl]

Okay

Thanks. That's all I needed.