COPYRIGHTS and REFERENCE PHOTOS - basic rules for artists + some useful links✍️

Hi everyone!

Today I am going to tell you a little bit about the basics of copyright laws for artists.

Thanks to my patron, Asia Jankowska for the idea of ​​writing this post.

If you all like this form, I will write more often on topics that interest you.

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I would like to emphasize that I am not an expert in the field of law and I can only explain to you as much as I know from experience and my own research. Hope you find this information useful. I will try to summarize everything concisely and clearly.

1. What is a copyright? 👩🏻‍🎨👩🏻‍⚖️

Copyright is an international law that protects intellectual property. Each original work is automatically protected by copyright. It can be a video, audio, text, visual image, photo, etc. It is especially important here that the work is original - that it’s not a form of recreating another person's work.

Copyrights are valid unless it’s given up by the creator, or until an appropriate period of time (which varies by country) has passed. The rights also end with the death of their owner but are often inherited and still protected.

2. Why is it important to follow the rules? 🙌🏻

The obvious issue here is the law that protects intellectual property, but the law may differ from country to country. Still, possible penalties or having to remove a work from your site are not the only risks. In my opinion, the main risk when using someone else's work is loss of reputation. It is not worth risking becoming an artist considered to be a thief preying on someone else's work.

3. Private and commercial use 💼

There is a significant difference between using a reference for private and commercial work. I use drawing references in my sketchbook but never use the same references to work on commercial commissions.

For example, I couldn't use a photograph of a model that I found on Pinterest or Google to draw it as a book illustration. These photos are usually copyrighted. While drawing characters and showing them on Instagram may end with a call to remove the work, with drawings on which I earn money, I may end up in the court. Of course, every situation is different. Each artist or photographer may have a different approach to how his work is used. So it's always worth finding the original creator and asking beforehand if you want to use his work.

Personally, I have nothing against using my drawings to learn, but only if the person clearly describes me as the original author of the work. I really dislike seeing a copy of my work signed with someone else's name without mentioning me. I find it offensive and it kind of spoils my image. This is a very delicate matter and it is always a good idea to be completely transparent and honest about your inspirations or not to publish such works in public at all.

4. Reference photos for artists 📸

Very often people ask me if I use references or draw from my imagination.

The greatest artists and professional creators use references because it is an extremely important rule! Without references, you will not learn how everything really looks like, you will only draw what you think something looks like. This is a very bad idea, especially for beginners. Only very experienced creators with photographic memory are good at this.

So how do you get photos so as not to risk breaking copyright?

a) Public domain photos 🌍

Many photos available on the Internet have a public domain and you can use them freely, but I know from experience that checking these rights is very time-consuming. Often, some rights are protected and some are not. For example, someone may allow a photo to be used, but only if it is not for commercial use.

b) Free photo sites for private and commercial use 🌐

Here are some websites that allow you to use photos safely, also commercially but read the rules carefully each time when you want to use a particular photo:

www.pixabay.com/

www.pexels.com

www.unsplash.com/

There are also many websites for artists that offer photos for study, I like this one :

https://www.adorkastock.com/sketch/

c) Pinterest and Google images 😬

Using photos from sites like Pinterest and Google Images is risky. This is the most convenient form, but I recommend not to use these photos or images commercially, and to always mention the original author of the work. Sometimes it's difficult to find it so I ask people if they know it. Many times my followers helped me to find a person on the photo and then the author.

5. Fanart and famous people images 🤖

Many people wonder what rights Fanart is covered by. The answer is: with all possible laws. Officially, you can't recreate the work of brands such as Marvel or DC. Each character is registered and protected by law. Unofficially, everyone does it. Often I even see people selling such works. I think if you want to use such images commercially, do a deeper research and of course you will do so at your own risk. It's the same with drawing famous people. Their images are proprietary. But I think it depends on the artist and the scale on which you create. In my opinion, it would be worth asking for permission.

6. Creating of reference photos 🎨

A very interesting, useful and creative activity is creating reference photos. You are the author of such works automatically so it’s completely safe.

a) Taking your own photos 📷

I use this tool mostly when I want to draw a specific pose. Searching for references is too time-consuming and often I would not find what I am looking for. Also - being in a given pose and taking a photo makes me feel the setting better. Here is an example of a work where I stood for a photo with my sister - I only changed the faces of the characters. The author of the book has a very specific idea about the cover so looking for the references would be pointless.

b) Collages ✂️

The second interesting option is creating collages. If you combine several photos so that they create a new, unrecognizable picture, it is already an original piece. It's worth changing many elements to keep this form safe. I mean creating one character out of several people - a bit like Frankenstein's monster. After that, you can use the collage as your reference photo.

c) Face app 📱

Very interesting way for changing the appearance of a reference is to use apps that edit face shapes and features. You can combine several faces or, for example, make a young face much older. Such photos are often unrecognizable, and their preparation is quite fun.

d) Changing of reference in your mind  💭

Often, drawing on a regular basis, I change the details of the reference in my head. For example, I draw different eyes from those that I see, different hair, and so on. Often my drawings are based on a reference but not necessarily very similar. This is a good and quick option but requires some practice.

e) Using few different references 🧩

This is very similar to the point d) but much more safe. You can look at few different references and combine them in your head. Drawings made this way are usually completely safe.

Remember that the issue of the copyright laws is very extensive and it is always worth checking everything and be careful not to break it before using someone's photo or drawing. Rebuilding your reputation may prove impossible, so it's better to be safe than sorry. Also remember that a photographer is also an artist and has to work hard to create a given photo - it is not just clicking the camera buttons. Respect for the work of others is the basis, even if, for some reason, they are not protected by the law.

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If you feel like it - share your experiences and opinions as well as links to the websites you use. Also let me know if this form is insightful for you! 🧡

Gaby