Is it considered infringement if photography turns into painting?

Photography is involved in many places, but some people turn other people's photography into paintings for commercial purposes. In this case, will it constitute infringement? This requires us to analyze it from more angles. Regarding this issue, the editor of Legal Savior Network has compiled the following content to answer your question. I hope it will be helpful to you.

Is it considered infringement if photography turns into painting?

If you draw based on other people's photos, it is a re-creation and forms a new copyright. Sales do not constitute infringement. If you draw based on someone else's painting, it does not constitute a re-creation or a new copyright, and the sales act constitutes infringement.

"Supreme People's Court Article 15 of the Interpretation on Several Issues concerning the Application of Law in the Trial of Copyright Civil Dispute Cases stipulates that for works created by different authors on the same subject matter, each of them shall enjoy independent copyright if the expression of the work is independently completed and original.

"Copyright Law" redefines the meaning of "copying", among which Article 10, Paragraph 1, Item 5 stipulates : "The right to reproduce, that is, the right to make one or more copies of a work by printing, copying, rubbing, recording, videotaping, ripping, or photocopying, etc."

Therefore, in this case, we need to analyze it according to the specific situation, which needs to be handled in accordance with the provisions of relevant laws. . This is also a situation we encounter more often in practice, and everyone needs to have a constant understanding of this. After reading this article, if you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.