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Hi there, I am a photo realistic artist, and I have found a few photos that I would love to paint. I sell my paintings. So i was wondering what the deal is with licencing with this use of the image. It will look pretty much the same as the photo. Would STANDARD by ok, or would i have to take out an EXTENDED licence because I am using the photo as is without altering it, or adjusting it in any way. I may end up making the background of the photo different.
Love to hear your thoughts on this. Heather
What would your plans be for your final work? For example
- painting for your own pleasure
- painting to sell in a gallery
- painting to sell as stock art
- something else?
Hi thanks for the question.. I would be selling in a gallery, or privately.
*Kapi Art Space*
[REMOVED BY MODERATOR]
Hi there, I have not got a response, so was wondering what the answer was? I will be using the image to paint and then sell in a gallery or privately. Then printing cards from the painting too. So a photo-realistic version of the photo, which will not have the same background as the original photo.
Hope that helps fill in the missing pieces.
Keen to hear back.
Given that this would be a highly visible public activity... I am not a lawyer and I think in this case you need specialist legal advice that can only be given by an IP lawyer (who might be accountable for their advice to an extent). Adobe will not give any particular assurances over their licenses, because the license is the only thing a court would look at, not the assurances. A court would use the license, the law, and would carefully examine your work, but not any advice you had. Obviously you don't want to get that far, so this is why you need legal advice before you start.
most the time you are legally better off to go take your own photo and paint that i.e, if I take a photo that looks exactly like your photo I'm still the owner of my own photo even if I got the idea from looking at yours
to answer your question both standard or extended licence can be used because it depends on who buys the image you make and what its then used for after the sale
My understanding of the licensing terms is that you would need an extended licence. The picture is the main reason for the buyer to buy your creation like printing a poster of the picture and selling that. With printing and selling posters, you can print a number of them, you will create unique "prints" of the picture. You can probably charge more for a painting of yours, that may offset the cost.
As for the suggestion of @Ussnorway, I agree, but sometimes the subjects are such that you can't go and take that picture you want or need, but it is in the database...
Look here for more information on licensing: https://community.adobe.com/t5/stock/links-for-licensing-terms/td-p/11366788
(Disclaimer: As always with licensing, this is my interpretation of the rules. I think they are correct and advice is based in reading and interpreting the licence terms and on fair use for both the buyer and the artist/stock company, but I can not rule out that my interpretation is wrong. I'm not an Adobe employee)