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You need permission from the author of the copyrighted photograph in order to monetize a derivative work.

She did not do a mechanical reproduction of the photograph. It took great artistic skill to accomplish her rendition. Are you telling me that if I made a clay sculpture from looking at that photograph it would be plagiarism? Or if I wrote a song about the image in the photograph I would be violating someone's rights? You're full of shit.

It took great artistic skill to accomplish her rendition

Makes no difference, its a derivative work.
What Im telling you is that derivative works of copyrighted photographs require the permission of the author, even more if it is to be monetized.

Please take it to court and see what happens; that way you can stop wasting people's time with your misinformed nonsense. Cheers!

No need to take it to court Sir, a simple DMCA request will be enough in this case to have it pulled down from the interface. We are already in contact with the author of the photo.

Good luck with that. LMK what happens, or better yet, publish it.

Not! I did not post a photo of someone!
This is my art!
All artists paint portraits from photographs!

Your art is clearly a derivative work from a copyrighted photograph, hence you need the permission of the author to monetize it. It very simple and the rule is the same all over the world.

I did not take her photo. I painted a portrait!

right, and your painting is a derivative work of the photograph, which you have no permission from the author to monetize. Additionally you dont cite the photo nor the author, so its plagiarism.

"Reading those post I see a lot of other (well known here) artists who replied to tat user in the same way I'm doing with this post, so, let me say: if a lot of artists (well know here and with a good reputation!) here have the same doubts about the posts of that user who are accusing randomly, maybe there's something right in what I'm saying or all we artists are in wrong and just that user is in right? Just to know. Maybe he/she have to be a real life or he's a just a person who doesn't have enough skill to be considerer and artist and so he/she's envious? "
https://steemit.com/art/@silviabeneforti/learning-day-by-day-thanks-the-great-artists

So apparently, @jaguar.force, you and your cohort @ilgiaguaro have been bullying real artists in steemit for quite a while now, building your self-righteousness careers, while paying little attention to real plagiarists.

I suggest that you stop NOW!

"Just an example (just one of a lot of crazy posts tthat user wrote) that can help you to know how much this user is just a troll, look at here(1). I don't know the user he/she accuse to be a plagiarist, but that artist (I think she's a student) simply drew something from a photo online! She didn't copy an artwork, she painted the subject from a photo and she made a good exercise. Sure, it's always good to write the name of the artist/photographer/etc that inspired your work, but plagiarism is something different!"
https://steemit.com/art/@silviabeneforti/learning-day-by-day-thanks-the-great-artists

(1)https://steemit.com/abuse/@jaguar.force/art-plagiarism-case-3-caso-de-plagio-artistico-3-akarantain

@onceuponatime plagiarism is exactly related to the lack of attribution, the same work with attribution of sources, stops being plagiarism. If I say I drew a portrait, and I dont cite an image source it is assumed I made it from a live model or from a photograph I took.
If it was made from a photo someother person took and as in this case I copy exactly the whole composition and not just the face, without crediting the photographer its plagiarism, a specific type of plagiarism called art paraphrasing. You can learn more about art plagiarism here: https://steemit.com/abuse/@jaguar.force/what-is-art-plagiarism-by-francis-leverett-golden

show me the real artists, these are just draftmen as ilgiaguaro said.

Definitely not you. You are a mere bully.

I should not put a source on my art! Because this is my picture!
This is not a copy! This is a portrait!

When posting content that either is owned by someone else or inspired by someone else’s works, it is proper to list the said source in your post with a link to the original.

Failing to do so is considered plagiarism, and could result in being blacklisted by curation groups or even flagged.

Examples include:

  • Using another artist's original drawing/painting/digital art as a “study” or inspiration without linking the original and giving credit to the original artist.
  • Linking to someone else’s YouTube video with no source.
  • Using someone else’s photos or text without linking to the original source etc.

Please make sure you do so in the future, thank you.

If you understand the rules explained in this comment reply to this comment with "I understand"

Yes, you should ciite the !sources to "your art".
Your drawing is a reproduction of a photo portrait in another medium, meaning: its a derivative work from anothers artist' artwork, hence you should cite the source and credit the artist, and in this particular case since the photo is copyrighted you should obtain permission from the author to monetize said derivative work.

You certainly dont have the right to monetize a drawing of a photo if you dont have permission from the author of the photograph to do so.

I have not assigned a photo! I painted a portrait! This is allowed by law! I can draw everyone! And this is called artistic intercourse!

When posting content that either is owned by someone else or inspired by someone else’s works, it is proper to list the said source in your post with a link to the original.

Failing to do so is considered plagiarism, and could result in being blacklisted by curation groups or even flagged.

Examples include:

  • Using another artist's original drawing/painting/digital art as a “study” or inspiration without linking the original and giving credit to the original artist.
  • Linking to someone else’s YouTube video with no source.
  • Using someone else’s photos or text without linking to the original source etc.

Please make sure you do so in the future, thank you.

If you understand the rules explained in this comment reply to this comment with "I understand"

No, its not allowed by law, you are confused.
You should cite the !sources of your art.
Your drawing is a reproduction of a photo portrait in another medium, meaning: its a derivative work from anothers artist' artwork, hence you should cite the source and credit the artist, and in this particular case since the photo is copyrighted you should obtain permission from the author to monetize said derivative work.

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