azted Loc: Las Vegas, NV.

This is an oil painting (16"x20") that I created from someone else's photograph. One of my objectives for posting this (my quick photo of my own painting is not the topic!) is to get the opinion of other photographers. Do you have a problem with someone creating an original work of art from your photograph? I cannot in good faith post the original photo that I got from Model Mayhem since it is not mine. The painting differs from the original in the amount of window blinds, the catchlight in the model's eye, and her hair. What are your thoughts?

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Fossilized Photog Loc: Jackson,MI - Tampa,FL

Well azted, you are stealing someone else’s creativity. But at this stage in your development, hardly anybody is going to see your work, and for certain not the photographer. At your stage in development it’s only practice. Work away!! I’m just glad that you have a conscience.
Personally, I would consider it an honor for you to like MY work well enough to want to copy it. As soon as I get some of my images scanned, I’m going to post some. They are very paintable. I think you will find. See, I too am a Artist and painter.
However beware about copying, not all photogs are going to feel the way I do. Shhhh! Be like Nike....”Just do it”!

Stardust Loc: Central Illinois

What one does with other's work without permission does not change the fact it is copyright infringement. If I took your car, painted it a different color, added a spoiler & moon roof, would you be okay with me having it?

Might have a weak defense if it was floating around the Internet but Model Mayhem photos are definitely not in the public domain.

BTW you are also breaking UHH forum's rules "...you must have permission to distribute this content." It may have been one thing to have taken it & modified for your own private home but really crossed the line when you posted it.

Riggson Loc: Tucson, Az

Wrong. Look up the concept of derivative art. As long as it's 'significantly different' it's considered a separate work of art. If not, Weird Al would be in a world of hurt with his parodys.


If you took his car you would be guilty of grand theft, not copyright infringement.


The OP didn't post the model mayhem photo but his own artwork.


Presumably he gave himself permission to post his own artwork.

dpullum Loc: Tampa Florida

In my "painting days" in the mid-60s I was not good at drawing... my projector would give me the drawing on the white canvas and I would sketch and then paint with the projected image as a guide.

Azted, You asked, "Do you have a problem with someone creating an original work of art from your photograph?"
No, they will have used my photo as an inspiration, and that is flattery in the highest... an honor.

AND... azted, I like your painting, very good....

joehel2 Loc: Cherry Hill, NJ

A model posted a photo on Model Mayhem to advertise her professional, fee based services. Someone took the photo without paying a fee or obtaining consent and used the photo for their continuing education/professional development. Is it unethical?

jaymatt Loc: Alexandria, Indiana

Interesting answers.

SonyBug

I agree with this poster. It is derivative art, not a copy. A copy would be taking your camera and shooting a copy of the original, and then posting that copy.

JohnSwanda Loc: San Francisco

The issue of derivative art in copyright law is not cut and dried. It comes down to deciding whether it is changed enough from the original. It's doubtful it would go to court since no money is being made, but if it did, you can never tell what might happen.

Rab-Eye Loc: Indiana

Seems to me that painters have been copying the works of masters for generations as a way to learn. If that is as far as it goes, I see no problem.

mjc925 Loc: SF Bay Area

Grey area for sure. I originally read it that you took the photo, did some Photoshop to make it look like an oil painting and my gut said that was uncool. Rereading it you I believe you simply used the image as an inspiration for an actual oil painting you created. I think that isn't too bad, I would just say if it never leaves you home obviously not a problem, if it becomes world famous, guess it depends upon how much you changed the original.

Bushpilot Loc: Minnesota

Photographers, and other artists have been copying, borrowing or being inspired by other artists forever.
Check out "Satyric Dancer" (or "Satiric Dancer) by André Kertész, Charlotte March and Howard M. Christopherson. All different takes on the same subject.

JD750 Loc: SoCal

Unless permission is granted for the (re)use of the image then it is unethical to re-use it.

JD750 Loc: SoCal

Creating a piece of work based on something else is very different from taking that work and modifying it. And it's good to give credit to the original in that case as well. As they say "imitation is the sincerest form of flattery".

azted Loc: Las Vegas, NV.

Photo was posted by the photographer. Very interesting responses, and well thought out.

The genesis of the artwork was an article in "International Artist" magazine on a different way to paint skin. I was intrigued, and searched for a photo that had a good variety of skin tones, and that the skin was the main concept. But upon using the technique I was not happy, and proceeded to finish it with my preferred method.

Most artists, if they have taken classes, are prescribed to copy paintings of the old masters to figure out how they are done. I have seen many artists in museums copying during open hours, and this is very common, and acceptable. I have copied several Picasso's and Gustav Klimt's works. Now my works are done mostly from my own travel photos. However, a painting is always considered an original work of art, even if copied from a master. The obligation of the artist is to put the master's name above their signature, giving credit where credit is due, and to prevent forgeries, which is actually a big fraudulent business. I do not know of any similar legal strategy for utilizing some one else's photo as a source of inspiration. But the responses have helped me to listen to other's opinions. Thank you!