What are the copyright laws for painters using a photographers work?

Question

Can a painter paint anything they want? Do photographers have copyrights on their work that protects them against painters as well? (i'm talking about a professional artist looking to sell their work)

Answer 1

A painting would be infringement only if somehow mechanically reproduced from the photo. A painting ordinarily entails so many creative decisions regarding brushes, colors, media, and such that they have never been considered a derivative work. Even in photography, one shooter cannot claim exclusive right to a particular scene. Everyone is entitled to snap a picture of a sunset even though there are plenty of copyrighted sunset photos. The photographers copyright does not extend to the subject matter of the photo. So you can paint anything, but if the subject is recognizable, they might protest. For example if you painted the Queen as wearing a bikini, there might be legal action to supress the display, but it would not be based on copyright issue.

Answer 2

No law will prevent you from doing it. It will however be frowned upon if you would present this as an original work if you 'literally' copied the photograph and would present it a an original. Technically it is copy right infringement. Technically you should ask the owner of the copyright for permission...

...unless it was just for reference..than it is OK. It is a thin line and not many lawyers want to burn their hands on this tricky non-profit kind of case.

Let me put it this way:
Did you ever get a ticket for jaywalking? It happens if the situation warrants it, like excessive abuse. But in your normal routine you would not take out a laser to make sure you would have that straight and shortest route to the other side now would you?

Name your source and you are OK.

Answer 3

Many artist use photos for refrence only and will use a particular thing from a picture, like a wolf or a mountain scenery. Anyone who copys others people work (a photo, painting, story, etc.) and tries to pass it off as his/her own can be sued. But worst than that, what reputable artist wants people to think all he can do is copy and not come up with original ideas (anybody can do that). My art can be checked out at hellosanantonio.com under artist name ''Guerro''. There are currently two art pages with this name, the one with the most images is the most current one.

Answer 4

It depends upon how accurate you are to the photo. If you stylize it enough then it becomes your own image. This includes taking only a piece of a photo. It is still a courtesy to ask the photographer for his/her permission.