Can I recreate a famous photo if I change the medium?
The artist cannot simply copy the photograph and put it into a new medium such as a painting or drawing. The artist must create a piece of work that is not an exact copy of the original photo but is instead a transformative or modified version of the art.
Let’s explore the copyright rules about this a little further.
Anytime a person creates and shares some kind of art — writings, drawings, photographs, films, dances, etc. — that person has a copyright. This means their art cannot be copied without their permission.
However, a copyrighted work may be used by another artist only if certain conditions are met:
- The second work must have transformed the message or meaning of the original work;
- The original work must be highly creative expression;
- The second work is not substantially similar to the original work; and
- The second work does not take away potential profit that can be earned by sale of the original work.
If these elements are met, an artist can use another’s copyrighted work fairly. But keep in mind, these are only general rules. Each artwork has to be specifically analyzed for these four issues.
The first condition, which focuses on the transformative aspect of the new piece of art, has become the most important one! Usually, an artist has not infringed the copyright of an original artwork if the second work has substantially changed the message or meaning of the original work.
For instance, if an artist wants to use a photograph of Rosa Parks, the famous civil rights activist, in a painting, something would have to be added to the painting around her picture, such as a yellow halo around her head, words recognizing her contributions, and maybe an image of the bus she rode on to start the Montgomery bus boycott in the 1950s.
Now, there is a new message and meaning given to the original photograph. It’s not just a portrait of Rosa Parks - the painting recognizes her place in history as an important civil rights activist.
Basically, an artist will infringe the copyright of an original artwork if the artist simply copies what is in a photograph and recreates the photograph in a different medium, like a painting or drawing. However, an artist can fairly use the original photograph for inspiration if they add features or elements that transform the meaning or message of the photograph.
Want to test your knowledge on copyright and fair-use law and learn more? Click the link to take our quiz! Copyright Quiz - the McLellan (msu.edu)
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