Tracing copyright and non copyright

BEAST GRAPHICS

Is it legal to trace copyright or public domain pictures and keep them as my own to sell?

Also what about saying that the traced photo is mine?

Cygnus Studios

Short answer is no. However, legal questions should really be directed to your copyright/trademark attorney. They are the ones that you'll be paying when someone sues you violating their copyright/trademark.

Public domain can be different, but again this is a question that your attorney should answer because what most people believe is public domain isn't always so. Never assume something is public domain without being 100% positive.

There are basically three copyright violation questions.

1. Access. Was the original piece available.
2. Copying. Was the original piece copied.
3. Different. Is the new piece substantially different from the original.

Then you move into "liability" issues that can also be brought into it if used for commercial purposes (selling can be commercial use). This can be separate or in addition to the copyright violation.

Some photographers (and other artists) will aggressively pursue violators and make an example out of them and others will not.

Personally if don't want people to steal your work, you shouldn't do it to others.