A painting made from a photograph is known as a derivative work. But that doesn't mean you can simply make a painting from any photo you find - you need to check the copyright situation of the photo. Don't assume because the likes of Warhol used contemporary photos that it means it's okay if you do.
Almost every artist I know works from photos at some time or other. Most artists shoot photos that wind up being paintings, and some use photos culled from social media or websites as photo reference on occasion. Many people walk into a class, pick up a supplied photo reference, and make a jaw-dropping painting from it, and then want to show their new favorite painting to the world! this is a.
The short answer: If an artist makes an illustration or painting or any other work of art based on a photograph they may or may not be violating copyright law. The art world is filled with debates about copyright infringement, fair use, and the ethics of recreating original paintings. If you've ever wondered whether it's illegal to paint someone else's artwork, the answer depends on several factors, including copyright law, the intent behind the copy, and whether you plan to sell the painting.
When your photos include a third-party's copyrighted or trademarked work in the image, you may be violating intellectual property rights. If the only thing you take from a photograph is the general idea or concept---i.e.,make painting of a red rose, and if you make an original painting based on the original idea (rather than making a painting that is substantially similar to the photograph), it might be ok to proceed without permission. If you're a visual or graphic artist, there are a few key things to know about copyright law and the protections available to you.
First, copyright protects original works of authorship, including original pictorial, graphic, and sculptural artwork. A work is original if it is independently created and sufficiently creative. When it comes to copyright, creativity can be demonstrated in a.
That includes prohibiting photographers from publishing photos of the copyright owner's work. A photographer who takes pictures of copyrighted artwork without permission may have committed copyright infringement and may be liable to the owner of the artwork if the law's requirements are met. A fair use defense may apply when a photograph contains a depiction of a copyrighted work, but it may not apply to photos of trademarks.
In this article you'll find some basic information on copyright law for artists. While I'm not an attorney, I have researched this topic quite a bit to give you some clear guidelines for copyright protection for art and what you need to consider doing as an artist painting, digitizing your art and giving images to [].