Would it be considered copying if i paint landscapes of pictures found on the internet???

Question

i found a couple of pics on flicker.com (never from a pro photographer's site)... one particular photo is very distinct and unique... i intend on selling my paintings.

Answer 1

be the courteous one and ask for permission... whether its legal or not its still rude to copy someone else's work without giving credit.

I know that as a member of flickr with materials posted, I would be quite upset if I happened upon a painting of one of my photos without credit given.

beyond manners and into the legal realm... whether its a professional shot or not, it is not legal to copy someone else's photograph into a painting and sell it without changing the imagery. So unless you feel as though you are confident in the amount of changes you are making you should cover your bases by simply asking for permission and giving credit for your source material upon sale.  

Answer 2

Use the pictures as inspiration, but if you paint in a photo-realistic style, I think that would be copying. Whether it's a flicker picture or a professional shot, copying exactly is still stealing another person's creative image, without giving them credit or getting permission. The more distinct and unique an image is, the worse it would be for you to copy it completely, especially if you end up profiting from it.

But if a picture inspires you, use it and build on it. There is a difference between that and copying.

Answer 3

Andy Warhol was a notorious "copier".  As long as it is your hand painting the canvas...your not copying.  It's difficult for any legal case to be made against someone who paints a photograph, even if the picture is copyrighted and you decide to sell it.  

But, I do suggest take your artistic ideas a step further...take the picture yourself, then it will be all yours.

Answer 4

if that photo is tweaked in any way...it is copying. if the photo is just a point a click of a landscape than it is not copying. think of it this way, if they did not plant the foliage or bulldoze the hills into existence they have no right to claim any possession of the image they took. the landscape was not created to exist purely for that photographer to happen by and click their camera. all of the greatest artists "copy" it is the most effective way of learning and gaining inspiration, so i say..."have at!"