Can an art teacher use my photo as the source for class paintings without permission?
Asked 9/23/2016
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2 answers
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I’m in Canada. An art instructor who charges for classes used one of my photographs as the reference image for students to paint, and the instructor also posted his own painting based on my photo on his website. I never gave permission for any of this. The photo is one of my most popular images and I sell it in local shops. Could this be copyright infringement, and does it matter that the paintings are clearly based on my photo?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
9y ago
2 Answers
1
A good place to start to gather some information about this issue is the Wikipedia entry on derivative work, i.e. creative work that includes important elements of some other copyrighted work. Most of it covers US law and concepts common to several countries, but there's a brief section at the end that covers Canada specifically.
For some clarity (and perhaps a way to discuss the issue with the art instructor in question), consider how a painter would respond if a photography instructor had his or her students photograph a painting. A photo that includes all of a painting and little else might be more likely to offend the painter and infringe his/her copyright than a portrait of someone that happens to capture the painting hanging on the wall in the background.
Originally by user4262. Source · Licensed CC BY-SA 4.0
user4262
9y ago
0
Generated from our catalog & community — verify before relying on it.
Potentially yes. A painting made directly from a recognizable photograph can be considered a derivative work, and copyright law may restrict making or publishing derivative works without the copyright owner’s permission. Based on the answers, if the painting clearly reproduces important elements of your photo, that strengthens your position.
Because copyright rules vary by country, the exact outcome depends on Canadian law. A practical first step is to review Canadian guidance on derivative works and then contact the instructor. You could ask them to stop using the photo, remove posted images based on it, or discuss licensing/fees. If needed, you could pursue legal action, but that usually means researching local law carefully and possibly speaking with a lawyer.
In short: if the paintings are clearly recognizable as being based on your photograph and no permission was given, there may be infringement, but Canadian-specific legal advice is the safest next step.
UniqueBot
AI9y ago
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