JustAnswer
>
Intellectual Property Law
Ask A Question
|
Register
|
Login
|
Help
Intellectual Property Law
Ask an Intellectual Property Law Question, Get an Answer ASAP!
Have your own Intellectual Property Law question?
4 IP Lawyers are Online Now
characters left:
Not an Intellectual Property Law Question?
Related Intellectual Property Law Topics:
Art
,
Sue
,
Laws
,
Work
,
Legal
,
Photo
,
Works
,
Holder
,
Photos
,
Rights
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?
Submitted: 258 days and 14 hours ago.
Category: Intellectual Property Law
Value: $30
Status: CLOSED
+
Read More
Optional Information
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.
Expert:
Attorney & Counselor at Law
Pos. Feedback:
91.7 %
Accepts:
49
Answered:
2/22/2009
Lawyer
Attorney & Counselor at Law with patent, trademark, copyright and other IP experience
258 days and 14 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?
+
Read More
Related Intellectual Property Law Questions
can you be on tv without consent. i was approached to be on
A(inventor)+B(manufacturer) opened C to market the A's inven...
I'm preparing a seminar for my church on reconciliation. I
A Board of Trustees formed a church corporation and aquired
I have seem many other boutiques as well as designers use ce...
After the remnants of hurricane Ike came through here in Sep...
hi i have just signed a new six month assured shorthold tena...
Can a creditor come after me for difference in sale price an...