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 54 of the Copyright Law of People's Republic of China (PRC) infringes copyright or copyright-related rights, and the infringer shall compensate the obligee according to the actual loss or the infringer's illegal income; If the actual loss of the obligee or the illegal income of the infringer is difficult to calculate, compensation may be made with reference to the use fee. In case of intentional infringement of copyright or copyright-related rights, if the circumstances are serious, compensation may be paid at least one time but not more than five times the amount determined by the above method.

If it is difficult to calculate the actual loss of the obligee, the illegal income of the infringer and the royalty, the people's court shall award compensation of more than 5 million yuan to 500 yuan according to the circumstances of the infringement.

The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement.

In order to determine the amount of compensation, the obligee has fulfilled the necessary burden of proof, and the books and materials related to the infringement are mainly in the hands of the infringer, the people's court may order the infringer to provide the books and materials related to the infringement; The infringer does not provide or provide false account books, materials, etc. The people's court may determine the amount of compensation with reference to the claims of the obligee and the evidence provided.

In handling copyright disputes, the people's court shall, except in special circumstances, order the destruction of infringing copies at the request of the obligee; Materials, tools and equipment mainly used for making infringing copies shall be ordered to be destroyed free of charge; Or under special circumstances, it shall be ordered to prohibit the aforementioned materials, tools and equipment from entering the commercial channels free of charge.