Can You Paint Someone'S Photograph
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.
How to Paint Portraits from your Photos
It is always dangerous to use someone else's photograph as a starting point for a painting. If you do this, you are creating a "derivative work"---i.e., a work derived in part from someone else's copyrighted work. If the painting serves as a direct substitute for the photograph or harms the photographer's ability to license their work, it is less likely to be considered fair use.
How to Legally Sell a Painting Based on a Photo The most direct way to legally sell a painting based on someone else's photograph is to obtain permission from the photographer. The question of whether you can paint from someone else's photo involves both creative freedom and ethical considerations. While creating art inspired by photographs is a widely accepted practice, it's essential to understand the legal and moral implications of using someone else's photo as a reference.
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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. Therefore you can paint from a photo, but if you sell the painting, the buyer should be aware of the origin of the painting (principles of attribution). d) public display of a legitimate copy is considered commercial use, even when there is no intent to sell.
(so when you post on Wet Canvas, attribution is a must). However, what if the photograph is taken of something that is copyrighted by another party, such as a work of art? In that scenario, the photographer may be liable for copyright infringement. Before you try to publish or profit from a photograph of someone else's artwork, you should learn how copyright law may apply and what rights you may have.
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If an artist wishes to duplicate a photographer's (c) image EXACTLY AS IT IS (without altering it in any way) they should first contact that photographer for permission and credit the photographer somewhere on their materials, website, anything connected with that painting. I made a painting from a candid picture I took of someone. They said they did not give me permission to paint their likeness and I can not display the painting at all and they would probably want it destroyed if they could.
It is not an unflattering painting and I'd like to show it with my other paintings in a gallery.
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