Is it legal to paint a photograph?

Sat, Oct 30, 2010

How to Sell Photos Q&A's

how To Sell Photos - Top Of Page

I found this amazing scenic photograph online and want to make a painting out of it but then I started wondering if this was legal. I’m only doing it for room decoration I’m not selling it or anything. Can anyone help me out?

, ,

3 Responses to “Is it legal to paint a photograph?”

  1. americancheese Says:

    if you were to enter it into a contest or something i think its illegal, i do that sometimes if i like an ad in a magazine or something but i dont know if its still illegal if you state something like "painted by ______, copied from/ credit to (the photographer)"

    i think if you give them credit it might not be illegal but im not to sure

    if its just in your room or a gift for someone close it doesnt matter as long as you dont try to sell it or pass it off as your own

  2. M T Says:

    You can paint a photograph for personal use without breaking any laws.

  3. Rose Says:

    It’s OK under certain conditions:

    If it’s for your personal learning use only and will not be reproduced or sold, then it’s fine. Many young artists work this way to learn.

    The other situation where it’s considered OK is if you change the image enough for it to be considered "fair use." If you’re heard about the Shepard Fairey Obama poster law suit, then you’ve heard about this. Basically, US copyright law has a clause that says if a work which is based on a copyrighted image has been changed enough, it’s fine. So, for example, if you crop the photo and make it very impressionistic and painterly and change some of the colors, it could probably pass as fair use.

    Good luck!
    Rose
    http://www.rosebriccetti.com
    http://effartblog.blogspot.com

Leave a Reply


Powered by WordPress Lab
Powered by Yahoo! Answers