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I am a solicitor. Do you know the photographer?
Has the photographer raised any issue?
I would argue that you own the copyright in your trace as you have not used the image in itself but for a trace.
May I help further?
I cannot be 100% sure as I would need to see your work and the photographers work, but like I said, you may be able to argue that you created your own copyright in your trace work.
If you are in doubt, you should ask the photographer for approval/no objection of your work.
I am in the UK, that is an American case. Different laws.
Copyright exists in a photograph and it is not covered by any exception (fair dealing/fair use) and so on, but you are not using the photo itself, you created a trace from it.
If it is exact and people would think it is identical, then yes, you would be in breach of copyright.
S. 4 defines artistic works which include photographs: https://www.legislation.gov.uk/ukpga/1988/48/section/4
S. 17 talks about infringemnent: https://www.legislation.gov.uk/ukpga/1988/48/section/17
I trust that responses were useful.
All the best
If the work is identical, yes, I would agree. If the work is different e.g. you add other things to it so that it is not identical, then you could argue it is not infringement.
End of the day, only a court can decide who is right. Lawyers simply give their opinions.