Does drawing reference photography constitute infringement?

Drawing reference photographic composition is generally considered infringement. However, if you draw with reference to a photographic work, it is a re-creation, that is, a new work is produced, which does not constitute infringement. For the determination of plagiarism infringement of artistic works, judging criteria mainly include originality, connection, substantial similarity and other factors.

Legal basis: Article 52 of the Copyright Law of People's Republic of China (PRC).

Anyone who commits one of the following acts of infringement shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for losses according to the circumstances: (1) publishing his work without the permission of the copyright owner; (2) publishing a work created in cooperation with others as a work created by oneself without the permission of a co-author; (three) did not participate in the creation, in order to seek personal fame and fortune, signed other people's works; (4) distorting or tampering with other people's works; (5) plagiarizing other people's works.