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  4. Is it illegal to paint someone else's photo?

Is it illegal to paint someone else's photo?


12 years 4 months ago #177381 by Foxy Girl
Can you paint someone else's photo and be OK with the law?

Now can you Photoshop someone else's photo to the point where it's no longer the same and be OK?

I thought I remember seeing someone talking about it was OK to paint, but then I was just thinking if that was OK, then Photoshop version would be ???
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12 years 4 months ago #177392 by icepics
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.

There was a thread with some discussion about someone making a painting of their own photo, if it's your photo you can create another piece of artwork from it. Artists have often done a painting from a sketch they did.
Sharon
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12 years 4 months ago #177395 by Gary Trent photography
@ Foxy Girl

I had a painter from Argentina ( I am from Canada)
wanting to do a painting from one of my photographs.
She is a friend (and very good artist) on Face Book.

I had posted a photo and she ASKED if she could interpret
it as an acrylic painting done in her own fashion.
I said yes, "I would be delighted" (curious to see what she could do).

Delighted I was !
She did a wonderful job and I was very surprised that her
rendition was only similar to my image (not a "photoshop").
She posted her painting & my photo together to her friends
and I got nothing but free advertising & more to my friends list !

I have had more than one artist ask me this request
and I comply in great honor.

Your question ... Is it illegal to paint someone else's photo?
No, not if you give them permission.
Take it as a complement !

GT
GaryTrent photography (Canada)

Owner of
Art Effects Gallery,
Grand Forks, B.C. Canada

Please visit me on Multiply:
whazit2u.multiply.com/
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12 years 4 months ago #177410 by Rob pix4u2
As Sharon said it is only legit if they have permission to make the painting and as Gary said it is an honor but I would only do this for a close friend who is an artist in another media
Remember to engage brain before putting mouth in gear
Rob Huelsman Sr.
My Facebook www.facebook.com/ImaginACTIONPhotography
The following user(s) said Thank You: Gary Trent photography
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12 years 4 months ago #177413 by effron
On two occasions I've had someone send me painted copies of my photographs, a hummingbird and a landscape, and ask if it were OK. They had already done it, and I was also flattered, so I said fine. Its probably done a lot more than we think, if the painter doesn't own up, how would one know?
Permission should be obtained.......;)
Why so serious?
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12 years 4 months ago - 12 years 4 months ago #177460 by Tamgerine
Honestly there are so many factors that have to be considered. It is not instantly illegal, and it depends on if your work is considered a legal derivitive work, or if the work falls under Fair Use agreements. Fair use isn't strictly defined, but is determined by four factors:

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.


So a painting of a photograph would really depend. Is it an exact copy? Does it contain substantial parts from the original work? Is it an educational exercise? Is it satire? Is it a legal derivitive work? Are you hanging the painting in your bathroom? Are you selling prints of it? Are you using it for advertising?

If you've photoshopped someone elses photograph and posted in on your facebook, it's probably a copyright infrigement, but I seriously doubt they would win a courtcase against you because there's no monetary damages that can be proven. If you do the same thing and slap it in an advertisement you can be sued for a lot of money. Best thing is to either get permission or talk to a layer.
Tammy Hineline, Illustrative Photographer
www.tammyhineline.com
www.facebook.com/tammyhinelinephotography
www.tammyhineline.500px.com
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12 years 4 months ago - 12 years 4 months ago #177465 by Henry Peach
en.wikipedia.org/wiki/Derivative_work

www.thestar.com/news/article/912094--str...ns-about-inspiration
mattneedham.zenfolio.com
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12 years 4 months ago #177493 by Missy J
I believe the right thing to do is to just ask, most photographers would be happy that you took the time to ask them, and most likely thrilled
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The following user(s) said Thank You: Gary Trent photography
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12 years 4 months ago #177560 by Gary Trent photography
Tamgerine says:
"So a painting of a photograph would really depend. Is it an exact copy?"

Me: There aren't too many artist who could duplicate an
"exact copy" painting from any photo'ph.
Your image would only be a guideline or (even if they're that good)
a representation of your idea.
Personally, I am flattered esp. when they ask ....
and most people would I'm sure.

A local artist (who hangs her work in galleries)
has made 3 paintings from my photo'phs and
she ALWAYS gives me credit.
What better (free) advertising is that ?
GaryTrent photography (Canada)

Owner of
Art Effects Gallery,
Grand Forks, B.C. Canada

Please visit me on Multiply:
whazit2u.multiply.com/
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12 years 4 months ago #177621 by Mayo
I would be honored if someone wanted to use my photos for anything
Canon 5D - Canon 50mm f/1.4 | Canon 17-55mm f/2.8 | Canon 70-200 f/4L
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12 years 4 months ago #177960 by JoAnne Muzila
Depends on who's photo, what your doing with it, and how exact it is
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12 years 2 months ago #200455 by Ronnie Murdoch Eaton
I am not too sure if it illegal or not....however, I cannot see how they would in fact monitor this? Apart from trying to assure that no one makes money from their copy....again though....just a few art changes to the photo, makes a big difference to the original pic.An interesting subject !!
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12 years 2 months ago #200457 by Ronnie Murdoch Eaton
I am inclined to agree with you Gary .
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12 years 2 months ago #200465 by Kydroon

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.


I know US citizens like to freeze in awe when therms of intellectual property can be applied. You have already messed up your patent law (or are you happy with the current outcome of patent wars on trivial software patents?) and you would like to start a crusade on the rest of the world under the flag of copyright.

Now let us just assume you would be right. What if I take a a place, e.g. your house. Can I sue you, when your children paint it? That would be fun. However, as Google has already some material they should own by now anyway nearly everything.

I would suggest to think about the initial intention or spirit of copyright as something to protect the owner of the work. How can the process of painting copy a photo? Where is the damage? It would not lower even the potential value of the source?
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12 years 2 months ago #200468 by effron
You seem to be painting with a pretty wide brush yourself, Herr?
Why so serious?
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