Paul Diamond Loc: Atlanta, GA, USA

We have a judged competition at the Chattahoochie Nature Center of original photos hung next to paintings inspired by them. The best "pairs" are put on display. Of course, the photographers approved of their work possibly being copied as inspiration for a painting. - From this 'competiton', the original photos were often far removed from the painted inspiration. I thought it made the artwork even better as "inspired by"

For your picture, with no comment about a stolen inspiring image. I like your work, except for the eye that doesn't match the rest of the painting. It is relatively large and 'sharp' compared to the balance of the image and seemed out of place.

For what you did, with the amount of 'manipulation' of the original image, if the model's face was not identifiable or the worked image less than a full duplication of the original (setting/props/etc.), I'd say "go for it". But, this is along the manner in which almost all painters of the 1500's being sent to museums to paint the pictures of the 'masters' hanging in the gallery. Were they supposed to make exact copies? As much as possible. The early training was to duplicate the original work and style. By the late 1800's, the students would use the hanging originals as inspiration for the newly created derivite works.

twr25 Loc: New Jersey

Why not just shoot your own version of the same setting? Different model.

InfiniteISO Loc: The Carolinas, USA

The few times my photos were used I was contacted by the artist first. I think the polite (and right) thing is to ask permission. I'm personally flattered by artists using real media to create something from my photos, not that it's happened often, LOL. That said, I'm not a fan of people using digital editing to create derivative work. Perhaps I'm just not with the times.

As I see it, not many artists can afford or have access to live models. Working from photos is probably a poor substitute since the pose is already fixed, but then again, there are millions of photos to choose from out there.

hoola

IMHO the act of creation establishes ownership / copyright . To enforce this one needs to register copyright . This can be done in bulk . Shephard Fairy who is a well known illustrator was sued by the photographer whose foto Shephard copied and turned into illustration . Foto - illustration was of Obama and used during Obamas campains . Widely used & seen image . Case was settled out of court in photographers favour . As I myself do "conceptual" work I feel my ripped off should someone "copy" my foto - concept . Maybe if my work were less stylized and more literal I would not mind . Full disclosure : I am represented by Getty Images Photo agency .

azted Loc: Las Vegas, NV.

[quote=Paul Diamond]

For your picture, with no comment about a stolen inspiring image. I like your work, except for the eye that doesn't match the rest of the painting. It is relatively large and 'sharp' compared to the balance of the image and seemed out of place.

I have been out of town for several weeks, and when I got home I looked at the painting with a fresh approach. The face is quite different from the original photo. Also, as Paul said above, the eye in my photo does stand out too much. But the painting does not look quite that way, so my photo of the painting is misrepresentative to that issue. It must have been the lighting.

RichieC Loc: Adirondacks

yeah- lets decide what damage is being done to the original photographer... and or model here. What damages would they sue for? Would it be worth the cost of going after the artist? just a hint here- nobody will go to jail- so you have to prove some sort of loss.

This is like going carefully through a red stop light, after you've looked both ways, with your flashers blinking,
and no-one was coming in either direction, because you had to get your wife in labor to the hospital.. (true story).

Yeah, the law is being broken, but show me anybody who would arrest you for it. To suggest otherwise in this real world scenario is simply being sanctimonious.

hoola

I disagree strongly . There is no excuse for thievery of anothers work . Professionals depend upon being paid for usage of their fotos . This is how they earn their living . Usage fee for a usage would probly be either free or maybe $5 paypal . Again : Full Disclosure I am a prof. stock photographer (getty). )

azted Loc: Las Vegas, NV.

You have a definite reason for your view, and I agree with you if the artist was doing work for remuneration. On the other hand, when one is practicing or honing his craft, there is no reason to pay for images that are everywhere. The world is full of magazines and internet images that can be used for practice. You should be happy that someone is moved by your image to practice and learn from. Imitation for practice is not thievery.
Again, if the work is being sold, yes the initial image-maker should be paid. But in reality, this does not happen, as someone who has the ability to sell their art is not going to copy someone else's image. Design is everything in art, and surpasses almost all other considerations in quality.

Laylafan69 Loc: Paradise Island,Bahamas

I think the painting is gorgeous...except for the evil eye perhaps

azted Loc: Las Vegas, NV.

Thanks. I did go back and glaze over the eye to tone it down. That was my last completed painting. Due to Covid I have lost the desire, and spend more time with photography. But like I said....who knows?

WirtzWorld Loc: SE WI

How about this: you could ask the original artist if it’s okay to copy his photo for an oil rendering. If he says no, we’ll, there are about 500,000 photos on mm and about 500,000,000,000 on the internet itself.

I don’t post everything that I have because some of them are good sellers and I don’t want a client to tell me he saw his numbered print on line. I don’t even post pictures with a resolution good enough to make more than a postcard.

Bottom line, in my own opinion and as someone who has had proofs copied and returned without a purchase, don’t be like them.

Los-Angeles-Shooter Loc: Los Angeles

I like your artwork. As to the legal and ethical issues, they are not cut-and-dried or (no pun) 'black and white.'

azted Loc: Las Vegas, NV.

No I’m not selling anything but my photog services and possible portrait painting commissions. If it was anyone on UHH I would ask permission or ask for an exclusive photo to paint!