The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect of the use upon the potential market for or value of the copyrighted work.
icepics wrote: I don't think it would be OK to take anyone else's photo and do anything with it - it's not OK to take someone else's work at all. That would be like stealing someone else's work of art, or taking a story or article they wrote.
Whoever took the photo would have the copyright, it would not be permissable for anyone else to use it. Not unless you are offering to help a friend edit their photo and they give it to you to work on, or if you ask someone's permission to make a painting of their photo. If they give you permission then I would think it would be fine.
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