Similarity between drawing and photograph - What constitutes infringing upon the photographer&#39;s copyright/ intellectual property?
<p>I came across a discussion where a photographer attempted to reach out to an online clothing store for using his/her intellectual property without permission. (Pictures below)</p>

<p>In my opinion, the photographer is stretching the definition of derivative works in their claim, as the drawing is pretty abstract, and there is no evidence that it was indeed derived from said photograph.</p>

<p>Therefore, I'd like to know if the photographer is justified in their claim.</p>

<p>I've read <a href="https://law.stackexchange.com/questions/15895/how-different-does-something-have-to-be-so-it-doesnt-infringe-on-a-copyright/15901#15901">this question</a>, but it isn't quite applicable to this scenario, I think.</p>

<p><a href="https://i.stack.imgur.com/tcU7j.jpg" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/tcU7j.jpg" alt="Drawing vs photo"></a></p>

<p>If the drawing is derived from the photograph it is infringing. If it isn’t derived from the photograph, it isn’t.</p>

<p>Fair use/dealing defences may apply and, if the transformation is sufficiently widesweeping it may be considered a new original work.</p>

copyright intellectual-property