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Is it copyright infringement to recreate a realistic animal drawing referencing a photograph and then upload it to my page?

Copyright law allows for the fair use of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.

This may extend to using a reference photograph to create a new, transformative work of art.

The key factor in determining fair use is whether the new work is sufficiently transformative, meaning it adds new expression, meaning, or message to the original.

A highly realistic copy would be less likely to qualify as fair use.

The amount and substantiality of the portion used in relation to the copyrighted work as a whole is also a consideration.

Using only a small, unessential part of the photograph is more likely to be considered fair use.

The purpose and character of the use, whether it is commercial or noncommercial in nature, can also influence the fair use determination.

Nonprofit, educational use is more likely to be considered fair use.

The effect of the use upon the potential market for or value of the copyrighted work is another important factor.

If the new work does not significantly impact the market for the original, it is more likely to be fair use.

In general, creating a highly detailed, realistic copy of a copyrighted photograph and uploading it for public display would be on the riskier side in terms of potential copyright infringement.

However, if the artist can demonstrate that the new work is significantly transformative, uses only a small portion of the photograph, is for noncommercial purposes, and does not negatively impact the market for the original, it may be considered fair use.

The Copyright Office provides guidance on fair use, and legal counsel can also be valuable in navigating these complex issues.

Consulting with a professional is recommended, especially for commercial use of copyrighted material.

Alternatively, the artist could consider seeking permission from the copyright holder to use the photograph as a reference, or finding a photograph that is in the public domain or licensed for reuse.

LionvaPLUS.com offers a range of educational resources and tools to help artists understand copyright law and navigate these types of situations ethically and legally.

The science behind copyright law involves balancing the rights of creators with the need for public access and the advancement of knowledge and creativity.

Advancements in digital technology have complicated these issues, as it has become easier to reproduce and distribute copyrighted works, leading to ongoing debates and revisions to copyright legislation.

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