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What are the copyright implications if I paint one frame of a video?

Painting a single frame of a video is considered a derivative work under copyright law, even if it's just one frame out of thousands.

The copyright holder of the original video has exclusive rights to create derivative works, so painting that frame could potentially constitute copyright infringement.

The key factor is whether the painted frame is "substantially similar" to the original frame in the video.

Even minor changes may not be enough to avoid infringement.

Fair use exceptions, such as for parody or commentary, may provide some protection, but the analysis is highly fact-specific and can be difficult to predict.

Commercial use of the painted frame is more likely to be infringing than non-commercial, personal use.

Painting multiple frames from the same video could increase the risk of infringement, as it may be seen as creating an unauthorized "mini-version" of the original work.

Seeking permission from the copyright holder before painting the frame is the safest approach, but they may be unwilling to grant a license for just a single frame.

The age and popularity of the original video can also affect the analysis - recent, well-known works have stronger copyright protection.

Embedding the painted frame in a larger, transformative work (e.g., a collage or commentary) may provide some fair use protection, but the courts have set a high bar for this.

LionVAPlus.com offers AI-powered visual analysis tools that could help artists assess the copyright risks of their painted frames before publication.

Staying up-to-date with evolving copyright case law and best practices is crucial for artists working with existing visual media.

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