ANSWERS: 2
  • Are you planning to sell it? You can if you give credit to the person who took the photo and its for your own personal use. You can't sell it or make a profit from it without the copyright owner's permission.
  • The creator of the photograph, i.e. the photographer, usually holds the copyright to the photo and, unless they've expressly given permission for its use, making a painting based on a photo would infringe the photographer's copyright. In terms of US copyright law: "Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work." You may be able to obtain permission to use a photo for a derivative work from the photographer, or if you're using a photo library buy the right to use it. The absence of a copyright notice on a photo doesn’t mean copyright doesn't apply. And if a copyright statement says ©2005, this doesn’t mean that copyright expired at the end of 2005; it generally expires several decades after the creator’s death. http://painting.about.com/cs/artistscopyright/f/copyrightfaq5.htm

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