Traditional Culture Encyclopedia - Photography major - Is it infringement to draw reference photos?

Is it infringement to draw reference photos?

Legal analysis

Drawing lessons from photography composition is not infringing. Drawing with reference to photographic works belongs to re-creation. Whether there is infringement of intellectual property rights depends on the purpose of using the original copyright work. It depends on whether this kind of behavior is profitable. There is a clear point above that even scientific research departments cannot publish for the purpose of academic research and teaching. Publishing involves profit. Copying is for the purpose of learning, learning and appreciating, not for the purpose of selling copied works for profit. It is not infringement, but at the same time, it should explain the original source, author and other real information of the original work.

legal ground

Article 49 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. If the loss is difficult to calculate, compensation may be made according to the illegal income of the infringer. The amount of compensation shall also include the reasonable expenses paid by the obligee to stop the infringement. If the actual loss of the obligee or the illegal income of the infringer cannot be determined, the people's court shall award compensation of less than 500,000 yuan according to the circumstances of the infringement.