Using a reference photo for painting or drawing can potentially lead to copyright infringement. Copyright law protects original works of authorship, including photographs, and the copyright owner has the exclusive right to reproduce, distribute, and display the work publicly. Using a photograph as a reference for a painting or drawing could be considered a reproduction of the photograph, which would infringe the copyright owner's exclusive right to reproduce the work.
However, it is important to note that not all use of a reference photo will necessarily constitute copyright infringement. For example, if an artist uses a photograph as a reference to create a substantially different and original work of art, it may not be considered infringing. Additionally, some photographs may be licensed under Creative Commons or other licenses that allow for certain uses without infringing copyright. It is also worth noting that fair use, a legal doctrine that allows for the use of copyrighted material for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research, may provide a defense to copyright infringement in certain circumstances.
Therefore, artists should be careful when using reference photos and consider obtaining permission from the copyright owner or using photos licensed under Creative Commons or other licenses that allow for use without infringing copyright. It is also important for artists to be aware of the copyright laws in their jurisdiction and consult with a legal expert if they have any concerns about potential infringement.