Painting refers to photographic composition, which belongs to infringement. However, if the reference photographic works belong to re creation, that is, new works are produced, it does not constitute infringement. For the identification of plagiarism infringement of art works, from the judgment standard, it is mainly to compare the originality, contact, substantive similarity and other factors.
 Legal basis
 Article 52 of the Copyright Law of the People's Republic of China
 If any of the following acts of infringement is committed, it shall, according to the circumstances, bear civil liability for stopping the infringement, eliminating the effects, apologizing and compensating for losses:
 （1） Publishing a work without the permission of the copyright owner;
 （2） Publishing a work created jointly with others as a work created independently without the permission of the co authors;
 （3） Signing one's name on another's work in order to seek personal fame and gain without participating in the creation;
 （4） Distorting or altering another person's work;
 （5） Plagiarizing another person's work;
 （11） Other acts infringing upon copyright and rights and interests related to copyright.