Traditional Culture Encyclopedia - Photography major - Is it infringing to hand-draw a photo?

Is it infringing to hand-draw a photo?

Legal analysis: when using other people's photographic works for hand-painted "copying", different situations should be distinguished. If the permission of the owner of the photographic work is obtained, it belongs to the "right to use"; If the permission of the owner of the photographic work is not obtained, but the "copied" photographic work is not published for personal study, research or appreciation, it should belong to "fair use"; However, if the act of publicly publishing "copied" photographic works belongs to plagiarism, it constitutes infringement of the copyright of photographic works.

Legal basis: Article 52 of the Copyright Law of People's Republic of China (PRC) shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating the losses according to the circumstances. 1, publishing his works without the permission of the copyright owner; 2. Publishing a work created in cooperation with others as a work created by oneself without the permission of the co-author; 3, did not participate in the creation, in order to seek personal fame and fortune, signed in other people's works; 4. distorting or tampering with other people's works; 5. Plagiarizing other people's works; 6. Using a work by means of exhibition, filming of audio-visual products, etc., or using a work by means of adaptation, translation, annotation, etc. without the permission of the copyright owner, except as otherwise provided by this Law; 7. Using another person's work without payment; 8. Renting the originals or duplicates of audio-visual works, computer software and audio-visual products without the permission of the copyright owner, performer or producer of audio-visual products, unless otherwise provided for in this Law; 9. Using the layout design of books and periodicals published by publishers without the permission of publishers; 10 Live broadcast or public transmission of its live performance or recording of its performance without the permission of the performer; 1 1, other acts that infringe copyright and rights related to copyright.