Is it infringement to draw pictures with photos on the Internet?

Using the photographer's photographic works as illustrations, and because of commercial use, whether it is infringement can not be generalized, and it can be divided into non-infringement and suspected infringement. Generally speaking, it does not constitute infringement. Painting is painting and photography is photography. The two are completely different in technical means and materials. Drawing as a material is used by painters, but it is only a reference, which is at most improper and does not constitute infringement. "Although photography and painting are sister arts, their forms of expression and creative methods are completely different. 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.

legal ground

Article 24 of the Copyright Law of People's Republic of China (PRC) may use a work under any of the following circumstances: (1) Using a published work of others for personal study, research or appreciation; (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; (thirteen) other circumstances stipulated by laws and administrative regulations. The provisions of the preceding paragraph shall apply to restrictions on copyright-related rights.