[WikiEN-l] Copyright status of drawings based on photos

Mon Jun 12 13:44:24 UTC 2006

On 6/12/06, geni <geniice at gmail.com> wrote:
> On 6/12/06, Steve Bennett <stevagewp at gmail.com> wrote:
> > On 6/12/06, Anthony DiPierro <wikilegal at inbox.org> wrote:
> > > According to the page the author released it under the GFDL and
> > > CC-by-SA.  The original author of the photo almost surely also holds a
> > > copyright interest in it, but I don't see any information about a
> > > license from him/her.
> >
> > Presuming the photographer didn't license it, it's a copyvio?
> >
> > Steve
>
> Probably qualifies ans a derivative work so yes.

I think it is adequately transformative that the elements it does take
from the photo would certainly fall under a strong "fair use". I think
a judge would find the photo generic enough that such a radical
re-working of its elements would be pretty safe.

FF