Copyright - When is it okay to copy another artist?
As an artist, it is good practice to always produce original works, so when choosing a subject for your art piece, the best option is always to draw or paint from life... or your imagination! Of course, there will be occasions when you are unable to work from life (for example if you are drawing an elephant and you don’t have a real one handy!). In these situations, it is best to work from a photo rather than copying someone else's art.
Photo by Kajetan Sumila on Unsplash
Ideally you should use a photo that you have taken yourself or a friend has given you permission to use. If that isn't possible, you could find a photo online from a site such as Unsplash or Pixabay. Beware of using photos from Google Images or Pinterest - many of those are protected by copyright law so you would need to get permission from (and often pay) the photographer, and/or licensee if your artwork is a close copy, especially if you plan to display or sell your work. If you combine elements from several different photos then you are unlikely to be breaching any copyright laws, although this doesn’t apply if the element is from a recognised artist or organisation, such as logos and insignias. Disney is especially hot on copyright and has legally registered even minor shapes like the outline of the castles and mouse ears. Shows such as Star Wars, which are owned by Disney, also have extensive protection by law and they have filed lawsuits against small artists. However some brands like Dr Who actively encourage creating and selling fan art, but do research!
So when is it okay to copy?
It's fine to copy another artist's work if you are only using it to practice a technique; copying is a good way of learning and trying out different styles. Or you might want to create a pastiche - a copy that's designed to honour the original artist. That’s fine - you just can't display or sell the work as your own, or sell it without getting permission and/or acknowledging the original. For example, you could sign your work ‘Sunflowers, by Peter Painter, after Van Gogh’. Then everyone knows it's not a forgery!
I’m not a professional artist, so why does all this matter?
Good question! Firstly, in the age of the internet it’s difficult to ensure your work isn’t seen. Someone might take a photo that has your work in it, and that could end up being shared via social media. All of a sudden your work could potentially be seen by millions of people around the world! And second, it’s the principle. The photographer or artist has spent time creating something with their own hands (or camera) and has probably used many years of experience and training to do so. You’re then benefitting from that for free if you don’t buy the rights to use their photo or artwork to create your own work.