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Is it legal to create and sell my own artwork that's inspired by someone else's photographs, or would that be considered copyright infringement

It is generally not considered legal to create and sell your own artwork that is inspired by someone else's photographs without proper authorization or licensing. This is because the photographer holds the copyright to the image, and creating a derivative work based on the photograph without permission could be considered copyright infringement.

According to US copyright law, only the owner of copyright in a work has the right to prepare or authorize derivative works based on the original work. Derivative works are new creations that incorporate a preexisting copyrighted work. Therefore, if you create a drawing or painting based on someone else's photograph without permission, it could be considered a derivative work and may violate the photographer's copyright.

Furthermore, even if your artwork is not a direct copy of the photograph, it may still be considered copyright infringement if it is substantially similar to the original work. Courts have established that a work can be considered substantially similar to another work even if it does not reproduce every detail of the original.

There are some exceptions to copyright infringement, such as fair use, but these exceptions are typically limited to specific situations such as criticism, commentary, news reporting, teaching, scholarship, or research. It is important to note that fair use is a complex and fact-specific issue and should not be relied upon without proper legal advice.

In summary, creating and selling artwork inspired by someone else's photographs without proper authorization or licensing may be considered copyright infringement. It is always best to seek permission from the copyright owner or to use public domain images to avoid any potential legal issues.

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