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Is using a photo taken by another photographer as reference for drawing considered copyright infringement

Using a photo taken by another photographer as a reference for drawing is generally considered a form of copyright infringement. While the specific circumstances can vary, in most cases, the photographer holds the copyright to the image, and using it without permission as a direct reference for a drawing would likely be seen as a violation of their exclusive rights.

That said, there are some exceptions under the fair use doctrine that may allow for limited use of a copyrighted photograph as a reference. For example, if the resulting drawing is transformative, such as a parody or commentary on the original work, or if the use is for non-commercial educational purposes, it may be considered fair use. However, these exceptions are narrow, and the determining factors include the purpose and character of the use, the nature of the copyrighted work, the amount of the work used, and the effect on the potential market for the original work.

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