Drawing from a photograph can be considered copyright infringement, depending on the specific circumstances. Copyright law generally grants the owner of a photograph the exclusive rights to reproduce, distribute, and create derivative works based on that photograph.
If an artist closely copies the composition, details, and expression of a copyrighted photograph in their drawing, without the permission of the photograph's copyright holder, it may be considered unlawful copyright infringement. The artist would not be able to claim the drawing as their own original work. However, if the artist uses the photograph merely as a reference or source of inspiration, and creates an original drawing that significantly transforms the work, it may be permissible under the fair use exception to copyright law. Factors like the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect on the potential market for the copyrighted work would all be considered in evaluating fair use.
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