Legal Question in Intellectual Property in California

Copyright Infringment??

I am an artist (painter). Recently I used an advertising photograph from a magazine as a model for a painting. Once you see the painting there is no mistaking the source (though the ad will probably never appear again). There is now some interest in my painting for purposes of poster/lithograph sales. Do I need to get permission from the photographer/magazine? What if I sell the original painting without consideration of lithograph sales? Thank you for your help. It is much appreciated.

Yours truly,

Starving Artist: )


Asked on 4/20/00, 2:22 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Copyright Infringment??

If the subject is not a scene (like a landscape) that you could have independently viewed and portrayed, you have a copyright problem. Copying the photo in another medium falls under the concept of "derivative works" which is one of the bundle of rights granted to the owner of a copyright.

Suggest that you might be able to get consent from the holder, best starting point being the photographer (who is unlikely to have retained copyright, but should know to whom he assigned the rights).

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Answered on 5/02/00, 11:05 am


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