Is using a photo or another work as inspiration an infringment of copyright or artistic license?

Question

All artists need inspiration from one source or another. The internet provides a wonderful resource, but at what stage does using art on the net as a source of such inspiration become potential copyright infringement. Also, how can one avoid ones' art becoming a subject of such infringement once it is in the public domain (ie on the net)?

Answer 1

Generally when you try to make money from it.

It's true though, that the early masters copied other artists first until they found their own voice. It's also true that imitation is the sincerest form of flattery... possibly. But in the old days, they didn't have lawsuits, either.

If you decide to use something that isn't in the public domain, then be low key about it OR ask the artist if s'he minds if you use their work as you are so inspired by it. It might make their day.

And you can sell work on line for a minimal royalty-free amount, same as purchase. Plus you can watermark it. Also once you name something as being copyright with the symbol and year, then it is automatically protected as being yours. Ideas, however, are not, unless they are put down on paper.

Answer 2

no. It's ok to get inspired, just don't copy.

Answer 3

Generally using someone else's idea is not a copyright violation.  Even if your images is very similar it's probably not a copyright.   However, put a little of your own twist on it.    If you take an image that is exactly like another, it could possibly be considered copying.

Putting your images on the internet, does not make them public domain under most circumstances.  You still have copyright, however, as you know, people infringe on copyright frequently.   Preventing infringement is nearly impossible, but here are some things that can work you your favor:

Use photo sharing sites that have photo copying controls such as smug mug.

Place watermarks on your photos.

State that your images are copyright and you will take any copyright infringements seriously.

Post only low resolution images which limits what people can do with them.

Register your images with the copyright office, so you can sue someone for copyright violation.