Legal Question in Technology Law in South Carolina

I'm an artist, and I draw very well, enough that my drawings look exactly like photographs. When I draw, I find a picture off of the internet and try to match it the best I can with colored pencils. I do not sell the resulting artwork, or claim the idea for the picture as my own. When I am done I post the drawings on Facebook under an album of drawings I have done so that people can see my progress. I have been doing this for two years, and now I have suddenly realized that what I am doing could be violating copyrights and I am very concerned. Please advise if possible.


Asked on 7/29/14, 11:49 pm

1 Answer from Attorneys

John Mitchell Interaction Law

Assuming that the photographs are under copyright, you are describing an infringement of the copyright owner's exclusive rights. "I find a picture off of the internet and try to match it the best I can." You are reproducing the work (the photograph) onto another material object. The fact that you do not make money off of the infringement does not change that. The "idea" is not copyrightable (e.g., if you got the idea of a person sitting on a park bench from seeing a photo, and made your own original rendition of someone sitting on a park bench, there is no infringement). But what you first described was using pencils to reproduce the work onto a material object. That's a reproduction. When you post it on Facebook, that's another reproduction AND a public display. (In addition to the exclusive right to reproduce the work into copies, the copyright owner has the exclusive right to display the work publicly.) In short, if the photographs are copyrighted, your best courses of action are to (a) find the copyright owner and seek permission, or (b) remove all traces of having infringed the exclusive rights. There are exceptions to and limitations on the copyright, such as in 17 U.S.C. � 107 (fair use), but nothing in what you describe suggest to me that your use fits.

In any event, do not rely on any LawGuru public responses as legal advice. There may be additional facts that your might, in the opinion of your attorney, alter the legal liability. Since I'm not your attorney, I can't advise you, other than to say it looks like if you don't consult with a lawyer about the risk of doing what you are doing, you may end up consulting a lawyer about the defense of a lawsuit, which would undoubtedly be more expensive.

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Answered on 7/30/14, 9:43 pm


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