If I scan an illustration onto the computer, and then trace it, is it copyright infringement?

Question

I found an illustration in a book from the 1980's. If I scan the illustration onto my computer and use a program like Adobe Illustrator to trace the illustration by hand, will this practice be infringing on copyright?

Answer 1

I scan it and then hand trace it, taking liberties with the figure, exagerating and leaving out, etc., thus making it my own. Then re-scan it, flip it horizontal, and put it in adobe, and now it really is your own art. All art, to some degree, is copied from somewhere, even if it's just copying mother nature in a landscape. Inspiration is everywhere, even in other peoples work. Just don't duplicate their work exactly or even close, and call it yours.

Answer 2

If you are making a profit or benefit in any way for use of said drawing, then you have infringed. If credit is given to the author, artist, etc; you should be not infringing by limited use. Writing to the author and artist and asking for permission to use one drawing is the best idea. It is courteous to someone who went to the trouble of compiling a book. If the book is obscure and over 25 years old, unless I am rusty on copy writes, I think you have free use. It is like buying a fishing license and not getting a trout tag for an extra couple of dollars. What if you catch a beautiful trout. Be prepared for the success of your endeavor. Pave the way ethically, and you will have true success.

Answer 3

I believe technically speaking, if you create an exact duplicate of the illustration in AI, it would be infringement, but if you deviate from the original enough that it is modestly different, you can claim your own copyright.

Best solution would be to scan in the illustration and only use it as a rough guide and give it your own flavor. Then you'd feel confident that it's your own.

Answer 4

First it depends on if it's copyrighted. I imagine it is because otherwise you wouldn't be asking. You can trace it and it not be infringing on copyright if you say something along the lines of, "The original work is not mine, it was done my such-and-such an artist." If you claim it as your own, then you are infringing on copyright. If you're going to market it as a piece of artwork to buy then you should check with whoever copyrighted it.

Answer 5

yes it is if you say its your own design and you copy it exactly. Now if you change it some and than put your name to it than No its not infringing on copyright cause it will not be the same.

Answer 6

Yes

Answer 7

It depends on what you use the image for.

Answer 8

well - if you say it is your own work, then yes, but if you acknowledge whose it is, then no - it would be just like tracing.

Answer 9

depends... is that picture copyrighted?