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Legal Issues In Selling Art?

Category: Law & Legal

SJVPECSJVPEC


Is it LEGAL if i google a picture draw it and then sell it. for example lets say i want to draw a picture of the wildlife in africa from a photograph of a National Geographic Magazine and then sell it. If I was to say where i got my drawing from (citing i guess) would i be able to sell it w/o any problem, like getting sued for copyright or something?

Steve
Steve

Short answer: The owner of the original photograph may be able to sue for compensation if you use the picture without permission, assuming the photo in question is copyrighted. Long answer: it depends, and you should consult an attorney.

For an example of the pitfalls you may encounter in this area, recall the iconic Barack Obama "Hope" image. The artist created a stylized stencil-like image from an AP photo. The AP claimed that it was due compensation and the artist sued for a declaratory judgment arguing that the use of the image fell under the "fair use" exception. The case has yet to be resolved.

Gaytheist Buddha
Gaytheist Buddha

Not an easy question to answer. See a copyright attorney and you'll get the same answer or answers all over the map.

MoneyMonkey
MoneyMonkey

You will still be violating copyright law by selling art based on the photograph unless you get written permission from the photographer or the owner of the copyright.

magpieix A.L.M.N.
magpieix A.L.M.N.

No.

You must receive permission from the original copyright holder to create a derivative work.


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