Here is the photo and artwork in question.
Photo:

Painting:

Anyone know the legalities involved here and what kind of compensation I should look for?
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jarledb: I am not 100% sure, but this: http://www.itcompas.be/vantongelmartine/nieuw.htm - this: http://www.itcompas.be/vantongelmartine/ and this: http://www.uitinwestvlaanderen.be/20569/kunst-in-het-ondernemerscentrum-martine-van-tongel makes me think its an actual artwork of sorts.
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sep11guy: It looks like a painter has drawn it himself so it his personal work...
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mattwnz: Looks like it is a photoshop filter. Dust and scratches filter possibly. Involving a lawyer maybe expensive. Maybe first try the CAB. When I had someone copy my work, I just contacted them, and they removed it.
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jarledb: sep11guy, actually. A photograph is a copyright protected work of art. If you paint a version of it you are making a derivative work.
Just as a piece of music doesn't loose its copyright if you record it yourself, so does the photograph not loose its copyright even if you make a painting of it.
More info: http://painting.about.com/cs/artistscopyright/f/copyrightfaq5.htm
freitasm:sep11guy: It looks like a painter has drawn it himself so it his personal work...
The painter used his original art (the photo) in a derivative work (the painting). Still copyright breach as it is a copy.
jarledb:mattwnz: Looks like it is a photoshop filter. Dust and scratches filter possibly. Involving a lawyer maybe expensive. Maybe first try the CAB. When I had someone copy my work, I just contacted them, and they removed it.
Looks like it has been produced and displayed in art exhibitions.
If I was to want it gone, would have to ask them to burn all prints and recall any sold?
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