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Who holds the copyright when a photographer takes a photograph of a painting, and does the copyright belong to the photographer or the artist who created the original painting

The copyright of a photograph of a painting belongs to the photographer, as they are considered the author of the photograph. According to copyright law, the creator of the photograph holds the exclusive rights over reproduction, distribution, and other forms of use. This means that making a painting based on a photograph without permission from the photographer would infringe on their copyright.

It is important to note that copyright protection exists from the moment an original work is fixed in a tangible medium. For photographers, fixation occurs when they take a picture. Therefore, as soon as the shutter is released, the photographer owns the copyright to that image.

As the copyright owner, the photographer has exclusive rights over reproduction, distribution, and other forms of use. This means that they have the right to reproduce the photograph, distribute copies of it, create derivative works, publicly perform the work, and publicly display the work.

It is also worth noting that photographing someone else's artwork without permission may constitute copyright infringement. If the photographer does not have permission from the owner of the artwork, they may be liable for copyright infringement.

In summary, the copyright of a photograph of a painting belongs to the photographer, and they have exclusive rights over reproduction, distribution, and other forms of use. It is important for photographers to understand their rights under copyright law to avoid infringing on the rights of others.

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