Legal Question in Intellectual Property in California
I made a derivative painting that is transformative in nature based on a photo from a photojournalist. My painting is a critique and commentary, significantly differs from the original, and does not infringe upon the market of the original photograph. Am I within "fair use" guidelines to use this as a reference in my painting and sell my piece? Images of the original and the painting I created are available at a moment's notice.
2 Answers from Attorneys
It is not possible to evaluate your position without seeing the painting and the photograph involved.
Your description consists of what lawyers call "conclusory statements" that tell us nothing about the photo or the painting. It is unclear why you would bother asking this question when you have already concluded your use is "fair use." Of course, the photojournalist may take a different view. If you truly want an evaluation, you would need to show the photo and painting to an attorney knowledgeable about art and copyright. Preferably one who is prepared to defend his/her opinion in court.
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