Sanibel Art Gallery

If I take a picture with copyright and recreate in a digital art piece, is that illegal?

And if so, what do I have to do to be able legaly recreate a photograph in digital art? eg http://farm3.static.flickr.com/2105/2372361899_d6ef5d5948_o.jpg

I depends on how far you made the change. For example, if you took a digtal photo or a scan of the printed photograph of someone, you have essentially become a key digital art. However, the picture is more or less the same as the original, since it would not have altered the appearance of the photo. It is clear that any publication of this book would be a violation of copyright original creator. Therefore, in my example, the offense is easy to determine. In your example linked, two factors to consider. One is that the original photo is now part of public domain and free to use as they wish, and even in its original form. But, in order to address their question, we assume that is a contemporary portrait of someone. So what left is a determination of how far we have had changes. While the image in its new form is still entirely recognizable, in my view, has made some significant changes is appearance, enough to call either a parody, or derivitave a work based on the original. As such, I think this would be an infringement of copyright. The problem in cases where derivitive works perhaps even too close to the original copyright is that if the owner thought that their intellectual property has been stolen, he may decide to sue, and determination may end up being left for the courts to decide. Therein lies the dilemma. There are no hard and fast rule that makes clear exactly how an image should be changed to be "safe" for use. The decision may end up being made by a judge or jury.

Art of Photography - Edward Steichen

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