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Copyright for Artists FAQ: Can I Paint a Frame from a Film?

By Marion Boddy-Evans, About.com

Question: Copyright for Artists FAQ: Can I Paint a Frame from a Film?
"I paint scenes from films, as in, I get a frame and crop it down, then paint it exactly. Is this a copyright infringement? It is always just one frame in hundreds of thousands that nobody would notice, that I pause and capture then paint." -- T.L.
Answer:

Do you truly believe the prominent and extensive copyright information that accompanies a film doesn't apply to each and every frame in it? Why would one frame somehow be exempt from the copyright that applies to the whole film? It's not logical.

Making a painting from a photo or a film that isn't your copyright falls under the category of derivatives. It's a myth that changing 10 percent makes it okay, or that it's covered by fair usage laws. It's not a legal test, but I judge derivatives like this: if the painting and the photo were put alongside one another, would someone say the one was based on the other. If the answer is yes, then it's a derivative and you're on dubious ground.

There are other sources of reference material you could use without any copyright issues. Take a look at the photos on Flickr licensed with a Creative Commons copyright notice that allows derivatives asking for attribution only for instance; there are some fabulous things there.

Disclaimer: The information given here is based on US copyright law and is given for guidance only; you're advised to consult a copyright lawyer on copyright issues.

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