Copyright Question - drawing from a photo

Evening all

Someone I know who is also a dog photographer has found an artist selling drawings on ebay that are without any doubt drawn from her photograph.

From a copyright point of view where would she stand and what sort of rights would she have?

While she is in the UK I am interested in views from the US as well

Thanks

Within the UK, i'm guessing if your friend actually sells the photographs she takes her best bet would be to get in touch with her local Trading Standards.

I've used them in the past for my business and they've been very helpful.

Hmmmm... it's not a scan, not a photocopy, not a duplicate. It's drawn (by hand I assume?) by the other person.

If it's a person's portrait, there's grounds for lack of model release. But for a dog... well, dogs (of the same breed) kinda look the same.

well, if your friend contacts a lawyer and have this lawyer write an "official sounding" letter on a law office's letterhead tell the other party to cease and desist, that *might* scare the other person... but no guarantee there.

I am involved with a drawing Board, and this subject has come up many times. SOme people are quite surprised that they are NOT allowed to make a drawing using a photo as a reference unless they have the permission of the photographer. For that reason, the drawing site maintains a reference library of photos where permission has been granted. Where someone posts a drawing on our board & they do not have permission, we immediately remove the drawing.

Your friend should inform both ebay & the artist about the copyright infringement & ask that the drawings be withdrawn & the artist should obtain permission from the photographerbefore making any sales or posts.

Liphotoman is correct. It doesn't matter if it's a drawing, scaned, duplicate picture taken of the same subject at the same place, or scratched out in the sand... if the reproduced image can be seen to have a resemblance to the original, it's copyright infringement here in the US. Of course it would probably take a court to decide just how close a resemblance there is and if it's close enough or not.

This is why people can't take someone elseses photograph and change the background or change it from color to black and white or paint over it in a graphic program, etc., and call it their own. At least here in the US. Other countries have their own laws and how they interpretate them too.

Mike

But then, that has to be proved of course. In the case of a dog, that may be futile.

If shes taking a pic tracing it and then drawing the dog I can see a huge issue in that is there a way for you friend to get a copy of one of the hand drawn ones and stack it on top of her pic to see if its been traced?
Tracing is easy to tell when you have the original one to compare it to.

Sonya

Hm, I've never really thought about the drawing from a photo. I think from what I've heard over here is that it'd be seen as your own work, derived work from someone else's original, but still your work. And But I really am not sure about that. I should find out, it's an interesting question. I've never heard about needing a model release for drawing a person, but thinking about it, I guess it should be needed...

Thankyou for your replies. Seems like she is well within her rights to request the listing and future listings be pulled

For those of you who question that dogs look different you are incorrect. It is not 'just a photo' of a dog. A good photo of a dog will show more than just a dog in the same way that a good photo of a person will. Each and every dog photo I take is quite clearly unique - as are the photographers in question.

This looks like one of those curious cases in which the drawing would be in breach of the photographer's copyright but the 'creator' of the drawing may have their own copyright in what they have 'added'!

It's the same principle as the author of a book having copyright in the text content but the publisher having copyright in the typesetting and layout.

If it is a "DERIVATIVE WORK" it is also a copyright infringement.

I have had experience with copyright laws in the UK, and this too would be a copyright infringement there as well as in the US.

Ok, so every time I'm drawing from a photo, it's copyright infringement?

There's also FAIR USE. If you're not selling your drawing, and this is just for personal use/learning/practice, I think you're fine.

I'm definitely not selling my drawings, but I thought of all the street artists who draw celebs etc for display. That's marketing & commercial use. Does that mean they're liable for copyinfringement (geesh all these terms) as well as needing a model release?

Yes it is - unless it is subject to Fair Use as explained in the post below yours. But if you try to sell it or use it commercially, you are infringing on the photographer's copyright.