Creating Derivative Works

[photographyfanatic]

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!

 

[Morpheuss]

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

 

[TundraFlyer]

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

 

[KmH]

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!

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