Legal Question in Intellectual Property in Washington

Hello

I am creating a children's book and need to look at some animal pictures for drawing references. The end result is it doesn't look like photograph- it's cartoonish. If I could take pictures of the animals I am using I would- however, I'm nowhere near condors, rhinoceroses, bats, hedgehogs, etc..

am I ok with using them as reference to get the shape right or do I need permission from the photographer still?


Asked on 2/01/12, 3:32 pm

2 Answers from Attorneys
Robert Apgood

You may use them for reference without needing the copyright holder's (photographer's) permission.

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Answered on 2/01/12, 3:41 pm
Nancy Delain Delain Law Office, PLLC

As long as you don't create a "derivative work" based on the photos you're looking at, you're fine. The moment your drawings begin to resemble the photos in more than just the shape of the animals and the general environment in which the animals live, though, you're starting to infringe the copyright holder's rights.

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Answered on 2/02/12, 9:36 am


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