Creating Derivative Works

Discussion in 'General Shop Talk' started by photographyfanatic, Sep 21, 2010.

  1. photographyfanatic

    photographyfanatic TPF Noob!

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    Hi all! So a local artist would like to use one of my photographs of a musician I shot and create a painting(he specializes in that). I am wondering if he needs my permission at all to do so. I am unclear on creating derivative works. Is it true that he would not need my permission at all because once he turns my photo into a painting it becomes "his". What are the rules with this? Thank you! Any links that one could provide for reading up on this topic would be great!
     
  2. Morpheuss

    Morpheuss TPF Noob!

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    It sounds to me that he would have to get your permission since he would be using your photograph to create his painting.
     
  3. TundraFlyer

    TundraFlyer TPF Noob!

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    Think of it this way, if you hadn't created your photograph, he couldn't create his painting. He needs your permission. If not legally, morally.

    - Jeff
     
  4. KmH

    KmH Helping photographers learn to fish Supporting Member

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    I'll assume you're in the US, even though TPF is an International forum. Please include your general location in your profile.

    Visit www.copyright.gov

    You might want to look this over: http://www.copyright.gov/circs/circ14.pdf
     

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