Is it infringement to draw other people's photos?

Drawing other people's photographic works may constitute infringement, but the specific situation depends on many factors, including copyright protection, fair use and commercial use.

First of all, photographic works are usually protected by copyright, including originality, originality and fixity. Copying, displaying or otherwise using the photographer's photographic works without his permission may constitute infringement.

However, there are some exceptions. For example, a painting within the scope of reasonable use may not constitute infringement. The criteria for fair use include the purpose of use, the nature of the work, the quantity and effect of use and other factors. In addition, if the photographic work is transformed, that is, creatively adapted on the basis of the original, it may not constitute infringement. In addition, the law has different provisions on commercial use and non-commercial use. If the painting is used for commercial purposes, it may increase the risk of infringement.

To sum up, painting other people's photographic works may constitute infringement, but the specific situation needs to be comprehensively analyzed according to the provisions of the law and the actual situation. If there are similar legal problems, it is recommended to consult a professional intellectual property lawyer for specific legal advice.

Legal basis:

Copyright law of the people's Republic of China

Article 46

Anyone who commits one of the following acts of infringement shall, according to the circumstances, bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing and compensating for the losses:

1. Publishing a work without the permission of the copyright owner;

Two, without the permission of the co-author, the work created in cooperation with others is published as a work created by himself alone;

Three, did not participate in the creation, in order to seek personal fame and fortune, in other people's works signed;

4. distorting or tampering with other people's works;

5. Plagiarizing other people's works;

6. Use the work by exhibition, shooting or similar shooting, or use the work by adaptation, translation and annotation without the permission of the copyright owner. Unless otherwise provided for in this law;

Seven, the use of other people's works, should be paid but not paid;

8. Renting works or audio-visual products without the permission of the copyright owner or copyright-related obligee of film works and works created by similar film production methods, computer software and audio-visual products, except as otherwise provided in this Law;

Nine, without the permission of the publisher, use the layout design of books and periodicals published by the publisher;

Ten, without the permission of the performer, from the live broadcast or public dissemination of their live performances, or recording their performances;

Eleven, other acts of infringement of copyright and copyright related rights and interests.