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
 Black Framed Set of 2 Zebra B&w Photograph ART Prints African Wall Poster List Price: Sale Price: $49.99 You save: $70.01 (58%)  Eligible for free shipping!Availability: Usually ships in 24 hours  |
 San Francisco-Gate Bridge in Black and White, Photography Poster Print, 24 by 36-Inch List Price: Sale Price: $0.08 You save: $10.92 (99%) Eligible for free shipping!Availability: Usually ships in 2-3 business days |
 Isack Kousnsky-Central Park in Black and White with Blue Pond, Photography Poster Print, 24 by 36-Inch List Price: Sale Price: $0.15 You save: $8.85 (98%) Eligible for free shipping!Availability: Usually ships in 1-2 business days |
 Kissing On VJ Day - Nurse Kissing Sailor, Art Poster Full Size Poster Print, 24x36 List Price: Sale Price: $0.37 You save: $6.62 (95%) Eligible for free shipping!Availability: Usually ships in 1-2 business days |
 Yankee Boys Black & White Photograph Yankees Baseball Framed List Price: Sale Price: $25.00 You save: $11.99 (32%) Eligible for free shipping!Availability: Usually ships in 24 hours |
 Times Square-New York City-Vintage Black and White, Photography Poster Print, 24 by 36-Inch List Price: Sale Price: $2.03 You save: $12.96 (86%) Eligible for free shipping!Availability: Usually ships in 2-3 business days |
 Milwaukee Art Museum Photograph - Beautiful 16"x20" Photographic Print by Carol M. Highsmith Sale Price: $39.95 Eligible for free shipping!Availability: Usually ships in 24 hours |
 Pink Sigmund Freud Poster Art Photograph 24X36 8690 Poster Print, 23x35 List Price: Sale Price: $2.99 You save: $5.00 (63%) Eligible for free shipping!Availability: Usually ships in 1-2 business days |
 Letter H Photograph Alphabet Art Print 4"x6" Sale Price: $5.00 Eligible for free shipping!Availability: Usually ships in 1-2 business days |
 Abraham Lincoln (Photograph, Standing) Art Poster Print - 11x17 List Price: Sale Price: $4.99 You save: $5.01 (50%) Eligible for free shipping!Availability: Usually ships in 2-3 business days |
 |
 MOUNTAIN LAKE Nature Landscape of Scenic Mountains 8x10 Quality Color Art Photo  US $14.99
|
 DESERT CANYON Nature Landscape of Scenic Mountains 8x10 Quality Color Art Photo US $14.99
|
 Fuji 210 Instant Photo like Polaroid 600 of Semi Nude Red haired Art Student US $6.99
|
 Abstract Fine Art Digital Photograph Hot Air Balloon US $14.00
|
 Ohio Artist Mack Buroker Rustic Urban Landscape 8 x 10 Fine Art LE Photograph US $4.99
|
 NO 17 8x10 Fine Art Photo Print Image SamMsArt Digital New Orleans Streetcar US $9.99
|
 August 30 8x10 Fine Art Photo Print Image SamMsArt Digital sunset power lines US $9.99
|
 NO 1 8x10 Fine Art Photo Print Image SamMsArt Digital New Orleans French Qtr US $9.99
|
 Rose Soul of Blues 8x10 Fine Art Photo Print Image SamMsArt Digital Flower US $9.99
|
 NO 12 8x10 Fine Art Photo Print Image SamMsArt Digital New Orleans train tracks US $9.99
|
 NO 9 8x10 Fine Art Photo Print Image SamMsArt Digital New Orleans gold horse US $9.99
|
 Rose Soul of Darkness 8x10 Fine Art Photo Print Image SamMsArt Digital Flower US $9.99
|
 August 28 8x10 Fine Art Photo Print Image SamMsArt Digital sunset power lines US $9.99
|
 NO 21 8x10 Fine Art Photo Print Image SamMsArt Digital New Orleans Fire Dept US $9.99
|
 Rose Soul of Light 8x10 Fine Art Photo Print Image SamMsArt Digital Flower US $9.99
|
 Charc Dark 8x10 Print Fine Art Image Photo rose flower US $9.99
|
 American Girl 1 4x6 Print Fine Art Image Photo Babe US $2.99
|
 Peace of life 2 8x10 Fine Art Photo Print Image SamMsArt Digital sign Mancill US $9.99
|
 August 8x10 Fine Art Photo Print Image SamMsArt Digital fall sunset tree power US $9.99
|
 Eye Been Seen 1 8x10 Fine Art Photo Print Image SamMsArt Digital sexy girl US $9.99
|
| Powered by phpBay Pro |
