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Fine Art/photography based paintings

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Question
Sir,
I was taught in art school that the reinterpretation of art is considered a separate piece of art.  Therefore, if I were to paint a picture based on a photograph that has been publicly posted would I need the photographers permission to work from the photo or just the model's permission as it is his/her image that is the subject of the painting.  This has come up quite often and I was previously informed that as long as I am not using "the photo" in or as a part of my art then it is a separate entity requiring no permission from the photographer.
My sincere thanks if you can help me in this matter.
Robert  

Answer
Dear Robert, Your question is way, way, way out of my area of expertise. There is an attorney in Chicago, Scott Hodes, who specializes in the law of art and antiquities. I spoke with him several times years ago, he is very nice, and helpful. You can google him, but there are two attornys in Chicago named Scott Hodes, so make sure you contact the "art guy."
Cordially,
Dan

Fine Art

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Daniel A. Hynes

Expertise

Collecting, buying, selling, identifying, and caring for paintings, drawings,and watercolors (19th and early 20th century American and European). No prints, contemporary art, or works executed after 1940.

Experience

35 years as a fine art dealer, including 3 years as a gallery director. Also was art expert for Leslie Hindman's Auctioneers, and for Dunning's Auction.

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