If I found a picture on the internet and drew it, could I sell my drawing?

Question

I found I picture of a beautiful flower on the Internet that someone took with their digital camera. For fun I decided to draw the flower and now my art club is having an art sell where we can sell any drawings we want to sell. Could I sell my drawing of the picture I found or would I have to get permission?
P.S.- I remembered that I found the picture on someone's myspace about two years ago.

Answer 1

Try deviant art, and if you can, DEFINITELY notify the photography.
This'll protect your own rear end if the photographer stumbles onto your rendition of the picture, and decides to sue for plagiarism.

Answer 2

YOU HAVE COMMITTED A FELONY.
To sell your drawing without the written permission of the photographer, even if they are only an ameteur, is illegal.
This kind of theft is called:

Theft of INTELLECTUAL PROPERTY. (IP) It is basically the theft of anothers idea, even if you changed it.

If the photographer ever found out you drew FROM this photo, you could be in for a lawsuit, even if you meant no harm & did not realize you were "stealing."

There is A LOT of plagerism online, and even if you reproduced the idea or concept in a different medium, which you did, it is theft and illegal.
The law does not even allow you to copy an idea for your own use, even if you never sell it. Becasuse the protection of INTELLECTUAL PROPERTY includes and covers any resemblance of the original form, you would still be considered guilty.
(google INTELLECTUAL PROPERTY, it will explain this)

I suggest you attempt to contact the photographer, or destroy the work no matter how nice it is. It is not worth a lawsuit. nor defaming your name as an artist.
I remember back in college that an Associate Professor at a different university---who knew better---took a students concept and redid it in another medium. He sold it. The student sued him for IP, and recieved $750,000.00 in damages. The Professor was released from his tenure at the University. And pretty much lost his ability to teach or sell ANY of his own works (people are scared to buy from a plagerist---they do not knwo if what they are getting is real...) The buyer of the work also had to release the work back to the student, with the Professor paying the buyer back his stipend for the work.

This problem for artists is the very reason I DO NOT put any of my completed works on a website without a gallery disclaimer that is bonded.

SO, any of you out there that draw the Disney characters or paint them in your nephew's bedroom on the wall, you MUST have Disney's permission to use their conecpt, even it is a characature of the original.

Answer 3

No, not without the photographer's permission. Under a 1980 Supreme Court Ruling, all photos and artwork are immediately protected by copyright at the moment of their creation. I'm sure you wouldn't want anyone making money from copying your paintings, would you?

Try taking your own digital photos and painting from them. That way you'll own both the copyright on the photos and your artwork.

Answer 4

not a problem to sell it because you did not use the original medium....you changed the product enough by painting it

if you had just downloaded the pic and printed out into a pic then you may have a problem

B.

Answer 5

I think you can. It's kinda like coping a movie that is off of network T.V.It would be legal.

Answer 6

no its okay because you arent selling the picture itself, but you are selling your impression of the photo.

Answer 7

idk thats kinda plaguirizing if it has a copyright or tm but if not than you probably could since u cant get sed for drawing a flower that u see outside. good luck

Answer 8

if it's 30% different , it's all yours . tp.

Answer 9

Who would buy your crappy internet flower?