Can someone clarify this for me in plain English?

I've heard that if I draw a picture of a copyrighted photo, my drawing becomes copyrighted to myself & I'm free to do with it as I want. For instance, I can't use a copyrighted photo in a book I'm writing, but if I draw a picture from that photo then I can use it in my book.

Is that correct?

I think it all depends on similarities. If you are going to draw some landscape it could be easier to prove your personal rights to drawing, as view of landscape is repetitive. But if you are going to draw some people (coping their clothes, colors etc) it could be not so easy to publish it later without permission of original author.

In trying to find the answer myself, I'm coming across what you're saying about a "derivative work." Since I'd need permission either way, I should save myself the time/effort of drawing it by instead just asking to use the original.

Without going into heavy detail of my book concept, the photos I'm interested in are of professional athletes with a focus on their early, mid, and late careers. Outside of obtaining permission from copyright holders, I'm having a difficult time determining what would be considered "fair use" for my book. :-/

"Fair use" and "commercial use" are pretty much mutually exclusive, aren't they? Ie, if you're going to sell the book, it's not "fair use" (I assume).

How serious are you about this book? Do you have an agent yet? If not, I'd look into it. They should be able to steer you in the right direction as far as copyrights to photos goes. Alternatively, you could try contacting a publisher and see if you can check with their legal department, but I doubt any would spare the time. Worth a shot though.

I'd imagine you'll have some hoops to jump through, since it's focused on sports figures. They're more than likely going to want to vigorously protect their rights to the use of their images. And they may, in fact, have exclusivity contracts forbidding the use of some of them.

*edit* You could also try contacting authors of similar types of books to see if any would be willing to offer advice.

Commercial use is a pretty good indication to get a legal opinion before proceeding. Making money doesn't preclude it being fair use, but it's much less likely to qualify for the exception.

It also gets complicated because certain subjects can prevent a photo that would otherwise be copyright from qualifying for protections. Celebrities don't qualify for protections and neither do historical figures.

That being said, even if it is legal to use the images without permission of the subject, the various sports leagues in the US are zealous about overstepping their actual rights and demand payment for any manner of depiction even when not permitted under law to claim ownership.

Assuming you mean athletes under the NBA, NFL, etc... Let's say your use of the image and/or a reproduction even did fall under fair use, those organizations are bullish enough that they'd sue you anyway. Even if you were in the right it could bankrupt you trying to defend it, so I would definitely be sure that you're on the up and up.

You may want to get some legal advice ahead of time, either from an independent lawyer or one on the staff of a publisher.

Yeah, if it's a book you mean to get published and be paid for, you need both credit and permission. Generally, start with the photographer who was credited. Don't be surprised if they ask hard questions about how serious you are about doing this book and how likely you are to get it published. It's their job to get the most value out of their stock in trade, and they're more likely to give you a break if they think they're going to get publicity and royalties from your book sales.