Is it infringement to draw photos?

Under normal circumstances, when we create some works, we can learn from some scenery to create, but many people create works according to other people's photographic works. Will it involve infringement this time? Below, in order to help you better understand the relevant legal knowledge, Bian Xiao has compiled the following contents, hoping to help you.

Is it infringement to draw works according to other people's photos?

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.

First, it does not constitute infringement: "Painting is painting, and photography is photography. The two are completely different in technical means and materials. The painting for reference is used by the painter as the material, but it is only a reference, at most it is improper and does not constitute infringement. " Although photography and painting are sister arts, their forms of expression and creative methods are completely different. Article 22 of the Copyright Law stipulates that the copyright owner can use it without permission or payment 12 cases. Item (10): Copying, painting, photographing and video recording works of art set up or placed in outdoor public places.

Second, suspected infringement: Although Article 22 of the Copyright Law stipulates that the copyright owner can use 12 cases without permission and without payment, Paragraph 10: Copying, painting, photographing and video recording works of art set up or displayed in outdoor public places. However, if the photographic works are not set up or listed in outdoor public places, they are obtained by copying, shooting or copying, and then they are created into paintings for commercial use, which is suspected of infringement. At the same time, Article 46 of the Copyright Law stipulates eleven kinds of infringements, including (4) distorting or tampering with other people's works, and (5) plagiarizing other people's works.

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.

The above contents are related answers. Whether painting with some photographic photos constitutes infringement needs to be determined according to specific circumstances. Photography and painting are two different materials. If you paint with photos as the material, it should be an act and generally does not constitute infringement.