She did not do a mechanical reproduction of the photograph. It took great artistic skill to accomplish her rendition. Are you telling me that if I made a clay sculpture from looking at that photograph it would be plagiarism? Or if I wrote a song about the image in the photograph I would be violating someone's rights? You're full of shit.
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Makes no difference, its a derivative work.
What Im telling you is that derivative works of copyrighted photographs require the permission of the author, even more if it is to be monetized.
Please take it to court and see what happens; that way you can stop wasting people's time with your misinformed nonsense. Cheers!
No need to take it to court Sir, a simple DMCA request will be enough in this case to have it pulled down from the interface. We are already in contact with the author of the photo.
Good luck with that. LMK what happens, or better yet, publish it.