Rule bending with Photoshop?

[Wishywashy]

I have a photograph of a face taken from a painting which I'd like to use to illustrate an article. It's copyright so I can't use it as it stands. If I could draw, I'd do a sketch of the face and that would get round the copyright issue. But I can't draw.

I don't have Photoshop but know it can do clever things. Would it be possible with Photoshop to mess around with the image and alter it enough to keep a likeness but avoid copyright problems?

Hope someone can advise.

 

[miles01110]

No, because technically you still have to acknowledge the original source. If the original source doesn't give you permission to manipulate the image you're not allowed to.

 

[Wishywashy]

Thanks for your help. Guess I'd better enrol at an art school!

WW

 

[louishen]

Who is the artists? If they are long dead then the picture may be copyright, but the work itself in the public domain

 

[Wishywashy]

Bending the rule with Photoshop

Thanks again. I can't recall the name of the artist but the subject died in around 1750. I must find out when it was painted; I am inclined to think that it is some 100+ years old.

The shot was taken (against the rules) in an art gallery when no one was looking. (The photographer would certainly give permission, but perhaps lay himself open to problems if it became known that it was taken in a gallery?)

Someone told me that the picture is in copyright and that permission would not be granted by its present owner. By this, I suppose it is part of a private collection. But does this give the owner of the painting the right to claim copyright and thus prevent its reproduction?

Going back to the drawing idea - if I can't get round the above copyright issue would a drawing of the face made by an artist friend be permitted? Personally, I can't see that this would be illegal.

WW

 

[chas_m]

This is certainly an interesting question. Three times I have been about to write out what I thought I knew about this area of copyright law, and three times I have reconsidered and decided that in this particular case I'm not sure.

The painting itself, having been done centuries ago, is CLEARLY not copyrighted; owning the picture does not mean you own the image -- we all know who has the Mona Lisa painting, but nobody owns the image.

Your suggestion of an artistic interpretation done by someone else seems to me to be perfectly fine.

But if this is for a commercial work on which you intend to make a profit, I would strongly recommend you ask an actual copyright lawyer about this rather than us.