Is it legal to make a painting from a photo?

Who Holds the Copyright? The creator of the photograph, i.e. the photographer, usually holds the copyright to the photo and unless they’ve expressly given permission for its use, making a painting based on a photo would infringe the photographer’s copyright.

Can you paint a picture of someone without their permission?

“An artist may make a work of art that includes a recognizable likeness of a person without her or his written consent and sell at least a limited number of copies thereof without violating” his or her right of publicity, the court found.

Can I paint a picture of a famous person and sell it?

Each person, including celebrities, have what’s called a “Right of Publicity.” This means you cannot exploit another person’s name or likeness without permission. Exploitation includes both public displays and selling for profit. Creating the artwork is not a violation of the Right of Publicity.

Can artists use reference pictures?

To truly use a photo as a reference, you would use it to learn about the characteristics of your subject. For instance, the shape of a particular tree, the texture of a rock, or the colors on a butterfly’s wings. As an artist, you can certainly use that knowledge in your original compositions and paintings.

Can you paint someone else’s photo and sell it?

The only person who can give permission for the creation of a derivative work is the owner of the copyright. That’s fine; because you own the copyright on your image. But you would also have copyright over the painting or illustration as it is a “new” work.

Can I copy someone else’s painting?

Copying pre-existing works is legal, so long as the original work is in the public domain (meaning that the copyright on that work has expired). When your copies are substantially similar to the original, you are safe only in copying works that are in the public domain.

Is it illegal to use a photo as a painting?

Beyond the legal issues, that is the reality, and what it comes down to, a photographer or another artist creates each photo, illustration, and artwork we see. It is unfair and disrespectful to them and their work to make derivatives of them. If the painting is just for yourself, you can argue that no one will ever know.

Is it legal to sell a copy of a painting?

The problem is, you are asking an artist to violate the copyright by selling you the painting. If you were to paint your own copy, for your own use, it would probably be considered “fair use”. But for sale would violate the copyright.

Where can I get photos of my paintings?

Websites like Flickr and Wikimedia Commons allow users to share images with a variety of permissions under this type of fair-use license. Another good source for photos is Morgue File. This website includes images that photographers have released, and they’re actually meant to be adapted to new work.

Do you have copyright on a new painting?

But you would also have copyright over the painting or illustration as it is a “new” work. For a work to be “new,” it must be different enough. Merely making minor changes to an original, copyrighted work doesn’t make a new work under copyright law.

Beyond the legal issues, that is the reality, and what it comes down to, a photographer or another artist creates each photo, illustration, and artwork we see. It is unfair and disrespectful to them and their work to make derivatives of them. If the painting is just for yourself, you can argue that no one will ever know.

What happens when an artist uses a photograph?

General Issues for Artists. First, many artists don’t realize that they need permission from photographers if they use somebody else’s photograph as reference for a painting. When an artist uses a photograph for reference, the painting or artwork is called a derivative work.

But you would also have copyright over the painting or illustration as it is a “new” work. For a work to be “new,” it must be different enough. Merely making minor changes to an original, copyrighted work doesn’t make a new work under copyright law.

What do I do if someone makes an illustration or painting based on my?

If you believe a painting or illustration has been painted directly from one of your photographs, and that artist is selling that work in any form, you will likely want to consult with an attorney about copyright infringement.