Fort Lauderdale, FL asked in Copyright for Florida

Q: If I paint a picture that I see on Instagram from Someone’s personal Instagram page is that infringing on any copyright

For example if I am on Instagram and I see a handsome man or beautiful woman and I paint that man or woman as close as I can to the original in a totally different setting and then sell that painting can I be Infringing on any copyright laws.

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2 Lawyer Answers
Robert Kost
Robert Kost
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Pittsburgh, PA

A: Yes, it's possible that your paintings might infringe the copyright of the person who owns the copyright in the photo. It depends on whether your image is "substantially similar" to the photos. From the sound of it, it is your intent to paint the image as similar as possible to the original.

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Intellectual Property Lawyer
  • Mesa, AZ

A: Yes. You need to consult with an attorney.

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