Can someone legally sell a painted or Photoshop-altered version of my photo?
Asked 9/13/2010
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I created an original photo. If someone either (1) paints a close replica of it and sells prints, or (2) edits the photo in Photoshop to make it look like a painting and sells prints, would that generally count as copyright infringement? Also, do I need to register or copyright my photos before I have any protection?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
15y ago
2 Answers
18
In most countries copyright registration is not required, and copyright is granted by the act of publication. In the US, voluntary registration is available, which is needed to sue for infringement, and gives the copyright holder more possibilities when collecting damages.
As far as the scenarios go, both will include elements of the original work, so they would fall into the category of a derivative work, and depending on the originality (or lack thereof) of the reproduction, may infringe on your copyright. The first is much tougher to prove though, because the original elements of the image are being reproduced in a different medium. In the case of a change using Photoshop, there very well may be enough similarity to prove that infringement has occurred.
Originally by user67. Source · Licensed CC BY-SA 4.0
user67
15y ago
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Generated from our catalog & community — verify before relying on it.
Generally, your photo is automatically protected by copyright when you create it; in many countries you do not need to register it first. In the U.S., registration is typically optional but can be important if you need to sue or seek stronger remedies.
As for the two scenarios, both may qualify as derivative uses of your original image. A Photoshop-altered version that still clearly uses your photo is more likely to be seen as infringement. A painted replica can also infringe, but it may be harder to prove because it has been recreated in a different medium and the outcome depends on how much original expression was copied.
Whether either use is legal depends on the specific facts, including how original your photo is and how closely the new work copies its protected elements. For a real legal opinion or enforcement options, consult a qualified copyright lawyer.
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