<p>It is my opinion as a photographer, NOT a legal advisor that indeed you CAN sell ANYTHING you can take a picture of in public. I don't care if it's copyrighted or brand new or whatever...if the artist displayed it in the public forum...then you CAN capture it and display your artwork of his artwork....AND you can sell your artwork of their artwork for as much as you want as many times as you want....what you MAY NOT do is commercialize the image. That is, you may not sell the picture you created to others to use in their commercial publications. You may sell it only to the end user. That is, the art customer who prefers YOUR art of anything you take a picture of.<br>
That being said if you are restricted from photography in a legal way, such as a private venue that explicitly prohibits photography then you may not.<br>
The genius who told you the artist would not stand for pictures being sold was actually quite ignorant. That would be like me not being able to sell my pictures of a celebrity that I capture in a public place. While I cannot commercialize the image I certainly can and will sell the image to those who will use it for what they will whether it be as news in a magazine or television show or for those who want to frame and display in their own home or place of business their own copy of my super duper awesome picture of the absolutely stunning and deliriously talented Taylor Swift for example...(insert 10 seconds of deadpan silience here). Drop mic, exit stage left.</p>
