Is it infringement to draw photos?

Legal analysis: Whether other people's photographic works are used for hand-painted "copying" should be differentiated according to different situations: 1. If the permission of the owner of the photographic work is obtained, it belongs to the "right to use"; 2. 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"; 3. 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 24 of the Copyright Law of People's Republic of China (PRC).

Under the following circumstances, a work may be used for free without the permission of the copyright owner, but the name of the author and the name of the work shall be indicated, which shall not affect the normal use of the work or unreasonably damage the legitimate rights and interests of the copyright owner:

(a) for personal study, research or appreciation of the use of other people's published works;

(2) appropriately quoting published works of others in works for the purpose of introducing and commenting on works or explaining problems;

(3) Inevitably reprinting or quoting published works in newspapers, periodicals, radio stations, television stations and other media in order to report news;

(4) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast current affairs articles related to political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the copyright owner declares that they are not allowed to publish or broadcast;

(5) Newspapers, periodicals, radio stations, television stations and other media publish or broadcast speeches delivered at public meetings, unless the author declares that they are not allowed to publish or broadcast;

(6) Translating, adapting, editing, playing or reproducing a few published works for classroom teaching or scientific research in schools, but not for publication and distribution;

(seven) the use of published works by state organs within the reasonable scope of performing official duties;

(eight) libraries, archives, memorial halls, museums, art galleries, cultural centers, etc., in order to display or save the version, copy the works collected by the library;

(9) Performing published works for free, without charging fees to the public, without paying remuneration to the performers, and not for profit;

(10) Copying, painting, photographing and video recording works of art set up or displayed in public places;

(eleven) to translate the works published by China citizens, legal persons or unincorporated organizations in the common language of the country into works written in minority languages and publish them in China;

(12) Provide published works to people with dyslexia in a barrier-free way that they can perceive;

(thirteen) other circumstances stipulated by laws and administrative regulations.

The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.