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I have often seen artists produce a painting based on a famous , and I am assuming copyrighted photograph. Is this legal? If so would the same apply for a digital artist, who would use a computer program to generate the artwork based on a photo?

Submitted: 273 days and 12 hours ago.

Category: Intellectual Property Law

Value: $30

Status: CLOSED

Carmel, New York

Accepted Answer

Hi -

Any derivative of a copyrighted work, requires permission of the copyright holder.

This includes any alterations, enhancements, or variations on the original.

Copyright laws do apply to digital artists.

Many of the paintings that you see based upon photos are not "legal" in the sense that the artist has not secured the necessary permissions from the copyright holder.

Many of the Obama paintings would fall into this category, for example.

In many cases, the copyright holder chooses not to enforce their rights.

However, if they choose to, such copyright holders can sue artists for copyright infringement.

I recommend that you contact the copyright holder for permission on any derivative works. It is best to get a license before publishing any any work based upon a copyrighted photo.

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Expert:	Attorney & Counselor at Law
Pos. Feedback:	91.7 %
Answered:	2/22/2009

Lawyer

Attorney & Counselor at Law with patent, trademark, copyright and other IP experience

273 days and 12 hours ago.

Reply

Thank you for the very quick, and professional answer. One follow-up question (if I am allowed). Would this apply to any art derived from a screen capture, or other source other than a hard photo?

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I have often seen artists produce a painting based on a famous , and I am assuming copyrighted photograph. Is this legal? If so would the same apply for a digital artist, who would use a computer program to generate the artwork based on a photo?

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Carmel, New York

Accepted Answer

Reply

Thank you for the very quick, and professional answer. One follow-up question (if I am allowed). Would this apply to any art derived from a screen capture, or other source other than a hard photo?

Intellectual Property Law

Have your own Intellectual Property Law question?

Related Intellectual Property Law Topics:

Question

I have often seen artists produce a painting based on a famous , and I am assuming copyrighted photograph. Is this legal? If so would the same apply for a digital artist, who would use a computer program to generate the artwork based on a photo?

Optional Information

Carmel, New York

Accepted Answer

Reply

Thank you for the very quick, and professional answer. One follow-up question (if I am allowed). Would this apply to any art derived from a screen capture, or other source other than a hard photo?

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