I would ask - even if you re-created it through CG, it’s similar enough that I would be concerned about infringing the photog’s copyright if you sold prints.
You’re right, that would definitely be an issue - except that luckily the photo is mine
I definitely agree that this would be an issue if I had taken another photographer’s work and completely and faithfully recreated it in cgi. It’s a question of monetization, really. If my prints suddenly stole revenue from the original author and outsold his or her work, then I would be in violation of their copyright, regardless if I recreated it from scratch.
I’ve taught animation at a film school for a few years now, and I always encourage those students who are not good artists to use other artwork as the basis for their animation, but if they want to put it in their piece, it has to be substantially altered in some way to make it their own (a good technique is using Adobe Illustrator’s live-trace to vectorize something quickly before modifying it).
This is a very interesting issue. What do you guys think about whether a digital recreation is stealing or not?