Well, the final word from National Geographic has arrived and, with many thanks to Hillary for providing this information, I will post her email:
Quote:
My boss said that as long as the photograph could be recognized in your painting, it was an infringement of copyright law."
1. Regarding alteration of gender and clothing:
I guess you would have to use your judgement in terms of changing the person's sex or clothes.
2. Posting the altered image on your personal web page or any other site:
You couldn't put it in a web site if it was too similar to the original because that is considered a type of publication.
3. Using an altered image as part of your personal portfolio:
As for your portfolio, I guess I would say
that would be fine. You would be using it as a point of reference and wouldn't really be displaying it to the public. If you started showing it over and over, however, it would probably become a product and therefore, an infringement of the law.
These are very complicated situations. The best way to be sure that you are within the boundaries of the law would be to check with a lawyer. We are happy to give you advice, but we here at the Image Collection always advise professional advice, as we are not lawyers or very familiar with the law.
Thanks for bringing these issues to my attention. I have never dealt with a
similar situation and have learned a lot myself.
Hillary Murphy
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I hope this information is beneficial to everyone. Keep in mind there is stock photography available for a fee.
*Cynthia, I have tried to remove the original image and was not able to do so. Please go ahead and remove the pictures and let me know if there is a way to save the text.