I found a picture of Mia Kirshner off the internet and painted her portrait. Now people want to buy it, but my parents are saying its copywrite infringement of the photographers work. Can I be sued over this? I think its very possible but I dont know for sure. Need to have this confirmed for sure.
2007-03-04 13:41:57 · 5 answers · asked by Snooglez 2 in Arts & Humanities ➔ Visual Arts ➔ Drawing & Illustration
It is completely legal, and as a matter of fact what the other answerers did not mention is what it is called... It is called a "Derivative Composition," and it is copyrighted right after you finish painting it. If you wanted to register it with the copyright office, make sure you use the form for 'Derivative Compositions.'
2007-03-04 14:04:30 · answer #1 · answered by Your Favorite Writer 4 · 0⤊ 0⤋
your question got me wondering about the actual legality of it and I fouund this website http://www.asopa.com/publications/2000winter/law.htm
I havn't found anything that says yes you can copy the image exactly and sell it but it does seem that you can make a similar image and sell it but some parts of it have to be different from the image. If you use an image of Mia Kirshner, keep the face and hair the same but simplify and styalise the background and play around with the colors a little bit it could be interpreted as a derivitive work, but an identical reproduction would be infringement.
I'm certainly no expert I suggest you read some more about derivative works and copyright
2007-03-04 16:27:54 · answer #2 · answered by Rhuby 6 · 0⤊ 0⤋
The short answer is probably 'yes'. Probably, because the photographer may be famous or care that you've taken his imagery for profit.
However, if you just use the photo for 'inspiration' and rearrange elements in your painting you are probably safe.
It's a grey area, but I don't think anyone would go after an amateur, especially one who's not making a ton of money off their paintings.
2007-03-05 02:49:14 · answer #3 · answered by Amerigo 3 · 0⤊ 0⤋
No It's Not. You just have to make sure that it is not exactly like the photo. Change the background or the appearance of the clothing. There are plenty of photos and movie scenes the get transformed into paintings without reprocutions.
2007-03-04 13:48:27 · answer #4 · answered by Bill W 1 · 0⤊ 0⤋
Nope. The painting is your original work. You did not actually copy the photgraph. You painted your impression of it.
2007-03-04 13:46:01 · answer #5 · answered by helplessromatic2000 5 · 1⤊ 0⤋