There’s this website called Skreened.com, where you can make your own shirts and sell them. My roommate found it and showed it to me, and we’ve spent the last week or two making shirts.
So I have this picture of a fox that (suitably shopped) would make a great shirt. Problem is that it’s not 100% original. That is to say, I made the picture all by myself with my own pastels, but I took the fox itself from the cover of a Ranger Rick magazine, which used this fox photo.
Does the fact that I copied it imperfectly and made my own background make it my own picture? Or do I need to track down the photographer and ask for permission?
(Also, would it be against the rules to just say, “Hey, look at my shop XYZ” but not give a link? I don’t want to get into trouble).
A painting of a photo is known as a “derivative work” generally you cannot just take these. There is an element of fair use, but it is much less when the work will be used for profit.
On the other hand it’s a FOX!!! It’s not like you can’t find them all over. Derivative works usually involve something greater like painting a comic book which you’d definately be in trouble for trademark infringment.
A person who owns the original might be very happy to license it to you, but they can also specify. Some will say it’s OK for non-profit use but not commerical use.
Since the site is selling pics, I’d say it’s not OK to use it. You’d be better off going to a zoo and taking a picture of a fox there and using it.
Also royalty free does not mean you can just take it. The originator may not charge, but he/she has the right to decide HOW it’s going to be used