Somewhat related to this thread is the case of a number of years ago
when a sculptor made a work closely based upon a photograph by a
professional photographer. The sculptor was sued, lost, and, as I
recall, underwent some sort of rigorous punishment.

  Adrienne DeAngelis, Editor
  Resources in Art History for Graduate Students
  (http://www.efn.org/~acd/resources.html)

On Wed, July 16, 2008 8:21 am, Tim Atherton wrote:
>> I don't think that's quite true.  A lot would depend on whether the
>> photographs you used were in the public domain or not.
>>
>> For example, let's say that I used photographs taken by Photographer A
>> two years ago of an outdoor sculpture that was created in 1829 by
>> Sculptor B, and painted a mural from those photographs.  Since the
>> sculpture was in the public domain Photographer A was not infringing on
>> any copyrights, but in creating a derivative work from Photographer A's
>>  work I was infringing on Photographer A's copyrights.
>>
>> However, if I had taken the photographs and then painted the mural
>> based on them, I would not be infringing on anyone.
(etc)

>

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