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?

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

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?

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

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?

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?

Related Intellectual Property Law Questions