Is it infringement to draw works according to other people's photos?

Under normal circumstances, when we create some works, we can draw lessons from some scenery to create, but many people create works according to other people's photographic photos. Is it infringement to draw works according to other people's photographic photos? Is it infringement to draw a work according to other people's photos? Is it infringement to draw a work according to other people's photos? Because of commercial use, the problem of infringement cannot be generalized, and it can be divided into non-infringement and suspected infringement. First, it does not constitute infringement: painting is painting and photography is photography. The two are completely different in technical means and materials. Pictures drawn for reference are used by painters as materials, but they are only for reference, and at most they are improper and do not constitute infringement. Although photography and painting are sister arts, their forms of expression and creative methods are completely different. Article 22 of the Copyright Law stipulates twelve situations in which the copyright owner can use it without permission or payment. Item (10): Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places. Second, it is suspected of infringement: although Article 22 of the Copyright Law stipulates that 12 cases can be used without permission and without payment to the copyright owner, paragraph (10) refers to artistic works that are copied, painted, filmed or displayed in outdoor public places. However, if his photographic works are not set up or displayed in outdoor public places, but obtained by copying, shooting or copying, and then created into paintings for commercial use, it is suspected of infringement. At the same time, Article 46 of the Copyright Law stipulates eleven kinds of infringements, including (4) distorting or tampering with other people's works, and (5) plagiarizing other people's works. In judicial pragmatism, making other works (non-similar works) in different art categories should not be regarded as infringement if we only learn from his composition thought; If it is used for commercial purposes and obtains considerable benefits, it should be considered as suspected infringement. At least from the perspective of fair liability and causality, the borrower (beneficiary) can also be determined to give corresponding compensation or compensation.