Is sketching or drawing someone else's photograph a copyright violation?

Question

If someone were to sketch or draw (digital or otherwise) an existing photograph by someone else of say, the Pyramids of Giza (by "photograph", I'm referring to images taken with a camera and not other sketches and drawings), would it be a copyright violation if one were to, for example use the sketch or drawing as a background in a poster or incorporate it along with an existing creative that one might be working on?

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N.B. Not sure if this should be posted in Law Stack Exchange, Arts & Crafts Stack Exchange or here in Graphic Design Stack Exchange so if it belongs somewhere else, do kindly migrate it to the relevant community (or let me know and I'll delete and post it in the correct community).

Answer 1

One needs to clarify the usage and intent....

If you merely look at a photograph and draw based on what you see, there's rarely any infringement. Using reference is exceptionally common and almost mandatory at times. I mean, there's no way I can travel to Giza to personally look at the pyramids in order to draw them. There's no way I could travel the south pole to view penguins in their natural habitat. [Extreme example: There's no way I can cut open a cadaver to view the internal organs of a human.] I would need to use photographs as reference..... etc.

However, if one uses a photograph as a tracing basis - meaning you use some automated or manual method to directly mimic the object(s) within the photograph, then yes it is often infringement or at a minimum derivative work (2). This includes things like painting over a photograph in Photoshop. Or using Illustrator to place the photograph as a template for drawing on top of, etc.. A vector recreation of a raster image is derivative at best and most often is an infringement.

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Typically using a photograph as reference won't yield any direct representative copy of that photograph and if one is using a photo as reference there's rarely a desire to replicate the photo as close as possible. But even if drawing by hand, if you are so adept that you mimic a photo exactly, that too may be infringement.

There are often some major legal battles surrounding photos as reference. One such case can be read about here. And as explained, it really depends upon how a photograph is used and the resulting artwork created.

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Ultimately, what is or is not an infringement can only be definitively determined by viewing the original photograph and the subsequent artwork created. It's all art, not science so there's no "formula" or "acceptable limit". So until actual work is viewed everything is merely speculation.

Be aware... you'll often see or hear people state "as long as you change it by X%, it's okay". This is entirely false. There's no such claus or loophole in any copyright law.

In most instances... if you question whether or not you are infringing up the rights of someone else, you probably already know the answer.

Answer 2

The situation you're describing can get a bit complex when it comes to copyright law, but here’s a general breakdown:

Copyright of Photographs Photographs are generally considered creative works, and as such, they are protected by copyright law. Even photos of public landmarks, like the Pyramids of Giza, can be copyrighted if taken by a photographer, because the photographer's choices (e.g., composition, lighting, timing) contribute to its creativity.

Using a Sketch or Drawing of a Photograph If you create a sketch or drawing based on a photograph, this may still be considered a "derivative work," which means you’re transforming an existing copyrighted work into something new. However, derivative works still require permission from the original copyright holder unless the photograph is:

Public domain: Some photographs are not protected by copyright, such as very old photos, or those released explicitly into the public domain. Fair use: In some cases, your use of the photograph might fall under "fair use" (depending on factors like the purpose of use, whether it’s transformative, and the market effect). Incorporating It Into Other Creative Works If the original photograph is copyrighted, creating a sketch based on it and then using that sketch in another creative project (e.g., a poster or design) may still infringe on the original copyright if you haven't transformed it enough or sought permission. However, if your sketch is highly transformative (e.g., it significantly alters the look, feel, and purpose of the original photo), it might be less likely to violate copyright.

How to Stay Safe Legally Use photographs from the public domain or those with creative commons licenses that allow derivative works. Get permission from the photographer if you want to directly reference their work in your drawing or sketch. Create from your own reference material (e.g., your own photos), so there’s no risk of infringement. For further insights into how visual elements, like sketches and graphic design, can shape brand perception and influence audiences, check out this resource on How Graphic Design Influences Brand Perception.