Does a painting of a photo violate 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.
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Can I do a painting from someone else's photo?

When an artist uses a photograph for reference, the painting or artwork is called a derivative work. While the artist can maintain some ownership over their own work, they first need permission from the original photographer to use the photo for reference.
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Can you paint over photographs?

Most photographs can be hand colored using watercolor, acrylic, or oil paints. You might also use gel pens, colored pencils, metallic pens, or even permanent markers. You can print out color photos and give them a whole new life by adding color to washed out areas or improving the color in the dull parts of the photo.
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Is drawing over pictures copyright infringement?

Yes it is. Any method of making a copy, including freehand drawing, is still making na copy, and is still copyright infringement unless you have permission from the copyright owner, or the source is out-of-copyright (in the public domain).
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How do I get permission to paint a picture?

Contact the artist personally, tell them what you would like to do and ask for permission. If you have any additional questions or concerns, you might also consult an intellectual property attorney.
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Using Someone Else's Photo For Your Art? DON’T GET SUED!



Can I paint a picture of a celebrity and sell it?

And there is nothing you can do (other than obtaining written permission from the celebrities in the paintings) to eliminate the risk that you would be sued by the celebrities if you sell the paintings.”
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Is it cheating if you paint over a picture?

Cheating does come into the picture in the form of copyright, so it's as well to be clear about using photographs you haven't taken yourself. It is a breach of copyright to copy somebody else's creative work without permission, including photographs.
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Can a photo be made to look like a painting?

Making your photo look like a painting, sketch, or drawing can all be done right from your phone with a mobile app. You can capture an image, transform it, and post it to social media — all within minutes. It's a fun and easy way to make an impression.
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Who can paint a picture from a photo?

Paintru makes it simple to turn your cherished photos and memories into a custom work of art. In minutes you can commission a painting from an incredible artist in our unmatched artist network. Upload a photo, choose a style, and your custom artwork will be delivered within 3 to 4 weeks. GET STARTED!
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Can I sell a painting copied from photo?

It is illegal to sell, publicize and publish a copy of an artwork unless you have prior permission from the copyright owner.
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Can I draw a picture of Batman and sell it?

Technically speaking, there's nothing illegal in the US about making and selling fan art because copyright isn't enforced criminally.
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Is it cheating if I trace before painting?

Tracing is not cheating in art. In fact, a lot, if not most professional artists trace when it comes to professional work. Even the old masters did it and their work sells for millions. However, there is an important note: tracing becomes a bad habit when it replaces the skill needed to create art.
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Can I draw a picture of a photo and sell it?

A drawing made from a copyrighted photograph is a derivative work; such a drawing can be published only if the copyright owner of the underlying photograph has given his express consent. The artist of the drawing also has a copyright on all aspects original to his or her drawing.
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Can I make a drawing of a photo and sell it?

You cannot take someone's photo and draw straight from it, especially if it has copyright. That is seen as intellectual theft and the creator can sue you for it!
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What is it called when you paint over a picture?

Overpainting is the final layers of paint, over some type of underpainting, in a system of working in layers. It can also refer to later paint added by restorers, or an artist or dealer wishing to "improve" or update an old image—a very common practice in the past.
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Can a photo be considered art?

PHOTOGRAPHY DEFINITION IN ART

Based on this definition, it seems pretty clear that photography is considered a visual art. The umbrella of art is far reaching and can encompass any skillful creative endeavor.
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Can you plagiarize paintings?

Art plagiarism is more than just copying a piece of art found online or otherwise. Plagiarists can reproduce sketches, photos, sculptures, and paintings without crediting the original creator, and posting these works online with a filter or a few modifications still counts as plagiarism.
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How do you reference an image without violating copyright?

Get permission, use public domain sources, and never just use photos from magazines—even ads—without changing it enough so that it's definitely its own original work and not easy to tell what went into it.
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Who owns the copyright of a photograph of a painting?

Who owns copyright in an image? The person who creates an image (“the creator”) will generally be the first owner of the copyright.
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Can I paint Mickey Mouse and sell it?

Mickey Mouse is a trademark of The Walt Disney Company, and as such it will remain Disney's intellectual property for as long as Disney continues to use it a trademark. How do I get permission to use Disney characters? Short answer: You don't.
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Can I draw a celebrity and post it?

Using a person's image for commercial purposes could expose you to a potential legal action for defamation and for 'passing off'. 'Passing off' means that an infringement of the law would take place if it could be inferred from your artwork that a link existed between you and another person when this was not the case.
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Can an artist draw from a photograph?

Drawing from reference photos is bad practice when the artist is a slave to the photograph. It is poor practice to use other people's photo references. Copying photos inhibits the artist from experimenting freely and stunts their ability to develop their own style.
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How much do you have to change artwork to avoid copyright?

Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent. See Circular 14, Copyright Registration for Derivative Works and Compilations.
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Is it OK to trace photographs?

Tracing helps you to quickly establish proportions on your canvas, but it by itself, it's not enough. The process often omits fine details and nuances that can only be achieved by refining your sketch with freehand sketching. In fact, tracing can flat-out distort your photo reference.
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What is considered copying art?

If you copy something line for line, aiming for an exact replica, you haven't made art. You've just made a copy of someone else's art. But if you take little bits and pieces from many different sources and alter and combine them in new ways, you've now created something new and original—you've created art.
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