Copyright law information on image alteration?

Question

Here is the deal, I have no idea about copyright information and would like to find out. Ok say i take an photo image of someperson. I want to cartoonize over the image like a template, the finished product is an cartoon image that only holds the same shapes as the photo but has been painted over. The image afterwards looks different then the original with come custom changes. I consider this a form of art but unsure if you can do this and sell the material since it resembles someone since it was painted over. The overall product isnt an exact duplication but a product of said template. can anyone give me some web page material to help me understand copyright. Thanks

I'm referring to a random photo. You take a picture someone randomly post, you paint over the picture where none of the pre-existing photo doesn't exist and the product of this modification results in a image which only resembles the shapes and pose but nothing more. I read the site about diriative works and still don't understand some things. Every artist's ideas are based on pre-existing constructs. You might see someone and make a cartoon which resembles them. So since it looks like them then you cant use it? What if you take the shape of people in the photograph like a shadow but everything contain in that shadow is different, You still cant use that shadow? so does that mean they were able to copyright a shadow? What if you change the pose and manner of the cartoon afterwards so the pose isnt resembled anymore? Will the idea it was created from an existing idea be copyright infringement even if the resulting product was changed beyond recognition outside the shapes are similiar?

See I wouldn't call it a derivative work cause its just changed too much to be considered based on that work. I guess i would need legal help to answer it. If you say the resulting image you would see that its as resembling to the picture as any other cartoon on the net. I just use the features as place holders to work on like a template. Ill just come to a conclusion on my own . thanks everyone

Answer 1

If you took the photograph yourself, or if you have permission from the person who took or owns the photograph, then you can do whatever you want with it.

If you are talking about taking a random photograph you find online or something like that, which you do not own, then it's a derivative work, which still falls under copyright protection, meaning you can't alter it (especially for profit).

Answer 2

in your edit, you are asking very specific questions that you need a lawyer who represents you to answer. But in your heart, you know what the answer is gonna be, right?

see www.chillingeffects.org fro definitive information on internet copyright issues.

I agree it is art, but it is definitely a definitive work. you are free to license the the work form the original author, and that need not be expensive and may even be essentially free if the author is flattered enough hint hint....

Answer 3

What you're referring to is called a derivative work. Here are some Q&As on copyright and derivative work: http://www.copyright.gov/circs/circ14.html

Answer 4

If you take the photo, then you own the copyright, and you can do what you want with it.

Richard