Can you take a picture of a copyrighted picture?
Asked by: Prof. Mohamed Schinner | Last update: February 6, 2026Score: 4.7/5 (59 votes)
Yes, you can take a picture of a copyrighted picture (like a painting or photo), but using or distributing your new photo might still infringe on the original copyright unless it's for personal use, educational purposes (fair use), or you get permission, as your new photo is considered a derivative work. Copyright protects artistic works, so photographing a copyrighted painting is making a copy, but you own the copyright to your photograph as a new creative expression, though the original owner still holds rights to their work.
Is taking a picture of a picture copyright infringement?
It is not copyright infringement to photograph something that has been photographed before. Nor is it infringement to make photographs depicting the same idea or concept. Remember that copyright law protects only (1) original works of authorship and (2) the particular expression and not ideas.
How can I legally use copyrighted images?
Permission to Use Images
- Step 1: Determine the copyright status of the image. ...
- Step 2: Look for a reuse license associated with the image. ...
- Step 3: Determine whether the use of the image falls under Fair Use. ...
- Step 4: Seek permission from the copyright owner if your use does not fall under Fair Use.
Is it illegal to take a picture without permission?
Whether picture-taking violates the photo subject's privacy rights depends on that person's reasonable expectation of privacy (REP) where the photo was taken. The more public a place is, the less REP a person has. For example, your REP at a park or on the street is very limited.
What is the 3 month rule for copyright?
Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within 3 months of the date of first publication.
How to LEGALLY Use a Copyrighted Photo
How many seconds to avoid copyright?
In the world of music and copyright, there's a commonly perpetuated myth that using a small snippet, such as 10 seconds, of a copyrighted song won't lead to infringement. Unfortunately, this notion isn't accurate. The truth is, there is no 'safe' duration of use that universally protects from copyright infringement.
How serious is copyright infringement?
Criminal Penalties For Copyright Infringement
Willful copyright infringement can also result in criminal penalties such as up to five years in prison and fines of up to $250,000 per offense.
Can someone sue me for taking a picture of them?
Yes, you can take legal action against someone who takes your picture without consent. Potential legal actions include: Filing a lawsuit for invasion of privacy. Seeking damages for emotional distress.
Can someone just take a photo of me?
Firstly, it's legal to take photos in a public place. There is no right to privacy that forbids you taking a person's photo so long as you are standing on public property. You can even take a photo of someone in their house or backyard so long as you don't step on their private property.
Can someone take a picture of me and post it without my consent?
Publishing images of you without your consent
If you took the photo, you usually own it. But, if you didn't take the photo but you are in it, someone could breach your rights (such as data protection or privacy rights) by posting it. This can be true even if you do not own the copyright to it.
What images can be used without permission?
Public domain images are not copyrighted, and copyright law does not restrict their use in any way.
How much do I need to edit a copyrighted image to legally use it?
Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.
How to tell if an image is free to use?
Use the steps below to help you determine which images are copyrighted.
- Look for copyright notices or watermarks. ...
- Examine image metadata. ...
- Perform a Google reverse image search. ...
- Check the source website's licensing information. ...
- Consult copyright databases.
How to legally use a copyrighted photo?
It's by no means impossible to use an image that is copyright-protected – you just need to get a license or other permission to use it from the creator first. In most cases, using the work either involves licensing an image through a third-party website, or contacting the creator directly.
How much of a photo do you need to alter to avoid copyright infringement?
Understanding Copyright Infringement
The notion is that, even if the created work is still 70% the work of another artist, that minor alteration is all it takes to free you from the risk of copyright infringement litigation.
Who owns the copyright to a picture?
Generally speaking, the copyright belongs to the person who created the image – in the case of a photograph the person who took it (i.e. the photographer.) There are some exceptions to this – for example if the photographer is an employee (for example in a large studio) the copyright belongs to their employer.
Can a person take a photo of me without my permission?
Unfortunately, legally there is no law saying that anyone cannot take a photo of someone who is out in public area where anyone can see them with their own eyes. The law would prevent someone from taking covert photos in an area where one would expect privacy, such as bathroom or dressing rooms.
Can I stop someone from taking a photo of me?
Taking a photo or video of a person where they can expect privacy, such as inside their home or garden, is likely to cause a breach of privacy laws. Unless the images or footage are indecent, no one has the right to: ask a photographer to stop.
Can I report someone for taking a picture of me?
In the US? Certainly. You can report AND you can sue. Doesn't mean the police will do anything nor will the courts UNLESS the photograph was taken without your permission while you were in a location where a reasonable person would have a reasonable expectation of privacy.
Can you press charges for someone taking a picture of you?
Although taking a photo of you in a public setting is not an invasion of privacy, if the person captures you in your home and then uses it on social media without your consent, you have legal recourse. An attorney may classify this type of action as defamation as well.
What is the most common thing people get sued for?
Far and away the most frequent cause of lawsuits is auto accidents. The overwhelming majority of accident cases end in an out of court settlement, but filing suit is one tool in the personal injury lawyer's toolbox when the defendant's insurers are not making reasonable settlement offers.
Is it worth suing someone for defamation?
Suing for defamation can be worthwhile if the false statement caused significant harm, you have strong evidence and the damages are measurable. Courts typically look at three key factors: Severity of harm: Did the statement cause real losses, such as losing your business or career opportunities?
What is the most common copyright infringement?
Put simply, if someone copies, distributes, performs, or displays your work without prior authorization, they're committing direct infringement. It's the most common type of copyright violation and can happen anytime, anywhere.
Has anyone gone to jail for copyright infringement?
Yes, there have been instances where individuals have been arrested for copyright infringement, especially in cases involving large-scale illegal distribution or counterfeit production. It's a serious offense that can lead to significant legal consequences, including fines and imprisonment.
Do you get a warning for copyright infringement?
If you end up violating someone's copyrights, you may receive an infringement notice, also called a Digital Millennium Copyright Act (DMCA) notice.