What is copyright?

What are the rules concerning the copyright of photographs as visual reference for art?

• I'm reasonably aware of what the copyright implies in terms of protecting copyright in photographs, but I'm unsure of the extent of this law and thought I'd double check. I'm designing a tribal tattoo with an animal motif, and I am wondering if it would be alright to directly copy the silhouette and pose of the animal on a copyrighted photograph. If not, how different would the image have to be for it to not breach the copyright?

• Answer:

  The copyright protects the "creative expression" captured in the photo, not the idea or information about the subject in the photo. In theory, you could find a non-copyrighted photo with a similar silhouette and pose, and copy that without any possible copyright violation. But if the author of the photo cannot "recognize" the similarity, let alone prove it to a jury in federal court, then it's not going to provide a basis for infringement. They would have to prove you "copied" their creative content. For example, you and I could take identical photos of something and would each own copyright in our own photos. Someone copying YOUR photo would not be liable for copyright infringement of MINE, even though they are identical, because I would have to prove they copied mine, not yours.