Art Vlog - Copyright info for artists - Lachri

[@creativebobbo]

My uncle who is an artist told me about an artist that won a contest with a considerable cash prize using a photograph without permission. The photographer found out and the prize was taken back and the award taken away as well. As a photographer I can say it isn't just snapping a picture. It's usually thousands of dollars in equipment and countless hours of hiking and waiting in the case of wildlife photography and many more hours in post process editing and learning how to do it. I actually got into photography because I wanted to create my own compositions to paint.

[@joannmclean3376]

One aspect of copyright law you haven't touched on is that the copyright remains with the 1st work only (the reference photo) and any derivative works created from that photograph are not automatically covered under copyright law. You must apply for copyright on derivative works and you must be able to show "transformational changes" from the original work and that you have expressed your own personal style and personality into the new work. If it is just a copy of the original photo then it is just a copy, not an original and not protected.

[@Tim_Krause]

well as a photographer, if I had to paint anything I would have no problems avoiding copyright, the painting would not look like anything like the original.

[@Lachri]

HAHA!!

[@DaniaMihaela]

I agree with some points but what about if you do something and you have no idea someone else did it

[@wildlifeartjm]

and thank you for mentioning me in the video Lisa - appreciate it - Again ;)

[@Lachri]

Thank you for having these CDs available for artists! Some of my most popular work has come from those reference photos :D

[@wildlifeartjm]

China is VERY bad at following copyright. In general if the image / painting / etc is on the net they think it is OK to copy and sell - the number of times I have seen my paintings copied on ebay :(

[@Lachri]

Yep, there are lots of issues with China in this :(

[@Cre8iveSignWorks]

yeah same here. ive had paintings, signs and photos copied often....but i think they know im in a far away country with practically not much time or money to chase them down. it annoys me but theres no use me stressing over it if i cant do anything about it ;-)

[@melanietruth]

Jason Morgan - Wildlife Art wow -- if I google myself I see my images online, but so far have seen no copies or any knowledge they are being used copied or sold (or "shared"). For years, nothing I painted was recognizable at all, but now that I paint much better......Andy Warhol, according to one biography, paid a fortune for using a photo of four flowers that he found in a newspaper. He used photos from newspapers all the time, and celebrities, not to mention the Campbells's soup cans, which if any of those he had permission for, I don't know. I would be flattered, but if some company in China or someplace else was making a fortune using my stuff on a calendar for example, I would be very upset to think someone is making a cheap profit from an expensive work that I haven't been able to sell here for a fair price. I believe you can get legal copyrights of your work, fill out a form for each image, not sure what it costs. Once there is a written copyright, it is easier to go after someone using your work. Otherwise it runs into time and money to go into the whole process having to start from a position to prove you created it in the first place. As my work gets better, I begin to think it might be worth the investment.

[@analynmaurisagucio]

Sorry to hear your artwork are being used here in China. It's true! Almost all items plenty of business people copy to sell like books, bags etc...

[@BrennanRasmusson]

Based on this, I could not draw a picture of my own face using my yearbook picture, because the photo in the yearbook is copyrighted to the company that the school hired to take the photographs. Isn't that nice?

[@TiffyCassie]

Did you pay for that photo? Yes? Then, it might be considered a work for hire, and the copyright transferred to who ever payed for it. Do your own research (your local law library is a good place to start).

[@michaelparry1383]

Lisa, This is great information. I think it is so so so important that the artist or photographer understand these rules. We all appreciate your explanation of the copyright as it applies to painting another painting or photo. In reading some of the comments about how a photographer at a horse show had their photos used without their permission with the excuse that it was the horse of the person who used the photo. Just like you, I am not a lawyer, but when I was checking on submitting some of my photos to stock photo outlets I found out that there are many restrictions if "model releases" were not available. This not only applies to people, but also to pets and things that can be recognized. Caution!. If doing a photo or painting of someones pet, animal, or thing, make sure you get a model release to allow you to use the image in your photo or painting. Now this has nothing to do with copyright violation when someone uses your work without your permission, but it may eliminate problems in the future. Again, Lisa, thanks for the great vlog.

[@dhassard8327]

Etsy amongst a few other sites have artists selling paintings/prints of many Disney, DC, Marvel, etc. even if it's a silhouette of the character. Given a lot of those aren't showing details of the face or it'll be just a watercolored silhouette of a character, it's still CLEARLY "Ariel," "Batman," and so on (and most times the product has the character in the title). lol I'm all for artists getting their art out there via the web and even being inspired by famous characters but when the painting is more than "just inspired" then I start to lose respect for that artist. I've worked hard to teach myself art and have been drawing since a kid and enjoy seeing others who have worked just as hard (self-taught or went to school) as well as sites/youtube channels like this who share the knowledge. I just came across your channel today and I love your videos and tips. Thank you for taking the time to post them.

[@Lachri]

Muse Ology That is one of the things I really dislike about etsy. It is full of copyrighted material. Ebay pulls that stuff pretty fast. Etsy doesn't care at all :(

[@PaintedPirateHorse]

I am very glad you posted this! I have a huge problem as an amateur equine photographer with people stealing my pictures because their horse is in it. I actually had to stop photographing for a local horse show circuit because when I would post pictures from shows for leopke to purchase, they would just steal them. The only money I made from this was from prints that were purchased. I put in countless hours of time and effort and never was played a cent, yet somehow my pictures were showing up everywhere! Unfortunately I couldn't afford Photoshop and didn't know about gimp to water mark them. People assumed because their horse was in it, they could use it. Wrong. Several years later I still see my pictures as profile pics on Facebook or as horse add pictures on craigslist. It was overall a very bad experience, and one I won't be doing again. People need to realize it is indeed stealing!

[@Lachri]

Yep, people do that same thing with dog show photographers as well. So many believe that if their dog is in the photo, then they own it. Nope, you own the dog, not the photo!. I recently had someone who hired me to paint their dog allow my painting to be used in a tattoo. She seemed to think that her owning the photo gave her the right to do so. Nope! And in that case, it was actually the tattoo artist at fault. He legally was required to get written permission from the original artist (me) before he started the tattoo. The really annoying part was when I saw the photos of this tattoo all over facebook and the person was giving credit and links to the tattoo artist but none to me as the actual creator of the work in the first place!

[@ekaterinavalinakova2643]

Good job explaining how to use references safely, unless you have authority to copy something exactly, references are for the general understanding, such as your aspen tree example, don't copy everything, just the general concepts. I generally use references to understand for example: what a quarter face lit looks like, what a dragon looks like, what dragon eyes look cool, what about their horns look like, what a sunset looks like, etc. Unless I'm doing fan art, I make sure that it looks original from my references. If someone wants to use my work as references, I personally would be flattered, just so long as they made it different, even if all they changed was the background. It would be cruel of my to go after that person.

[@katherinearion9169]

How about a video that shows my paintings should it have a caption like Katherine Arion Copyright 2020 at the end of the video?

[@BRENDABLISS]

Thanks Lisa for talking about this very important subject. I am always surprised how many artist are not aware they are stealing. Try taking your own photos people! You might surprise your self. Great vlog today! Thanks again for sharing. Brenda

[@EllieMandyArt]

This is how I paint & draw. I look a like 20 different photos, and I use my own creative though process to to converge everything that I've seen into one. Reiterating things that I like and leaving things that I don't like. You can't even look at my art and say "oh that's from that." Is completely unrecognizable and that's what's important. And can be inspire by someone's art but don't take it and claim it as your own. I love putting the original artist's name on my work. I have no problem with that.

[@merissamakesstuff]

Another thing to keep in mind, read your job contracts, even for jobs that seem unrelated to your art! Some job contracts (certain schools, for example) say that they (the job) can claim copyrights to anything you create while you work there, even works you made at home and for reasons unrelated to your job. If the contract says anything about copyrights, have a lawyer read through it before you sign it. If you are in a 'creator' field (ie artist, writer, film creator, etc), try to learn what you can about copyright law. Consider taking a copyright law course on Coursera or Edx (they are free). Just make sure you take a course in your country as copyright law varies from country to country.

[@kewldude23xx]

Once you buy a photo from whatever website . Will they continue selling the same picture to other people? If so, what if two or more people make a painting of it?

[@dreamingwithspirit1674]

I am a painter AND a photographer. I unfortunately experienced copyright theft at an art show. An artist only 2 booths away had swiped a mother-infant portrait photo I had done, which was on my website and she created a LARGE 30 inch painting of this image which was the focal point of her entire booth, listed for sale at $2000! Needless to say, it was shocking, upsetting, and to make it worse she lied about where she got the image from. I contacted Professional Photographers of America which has a legal department to support their members and they told me I could demand she relinquish the painting to me- the artist refused, but she promised she would not sell it. I didn't feel it was worth it to pursue it further. Learn to pose your own people for paintings. Not only did she violate my rights, but those of my client who did not give her permission to recreate her image.

[@pat4005]

I am sorry you had this happen to you. I’ve had a number of things outright stolen and used also. Now that I’ve learned more about copyright (on my own) that I know I must also copyright it with the copyright office asap. An idea about your portrait of the mother-infant that was stolen and used by the shameless artist without your permission; because she violated the rights of your client too, and used their face without getting a model release, your client can demand it not even be used to promote their painting (not just promise not to sell it).

[@dilarakaratas59]

So I think, I'm just going to make my own photo's and draw them xD

[@Lachri]

dilara karatas That is ideal :D

[@eddelacruz6958]

Great I guess I'll have to go China to take a picture of a panda -.-

[@tibman10zin]

Hey Lachri, I was just wondering if im breaking copyright law if I took a screen shot of a celebrity in a music video and then composited it in photoshop by changing values and adding things like smoke to it, can I draw that composited image into a painting and then sell it as print?

[@sparrowthenerd]

+Hair I don't think so. She stated that no percent of changing a copyrighted image would allow it to be legal. And the frame of video is an image, and thus copyrighted.

[@marthasimms7113]

This is super helpful! I've been drawing since I was in kindergarten but I've never been able to create my own work I recreate (and I mean try to create exact replicas of those works) for my art. I've never been good with imagining my own ideas. I'm definitely going to start using my own ideas from now!

[@merissamakesstuff]

Also, sometimes the photographer or original creator no longer owns their copyright, so definitely make sure to contact the correct person. For example, the copyright for many Disney designs are sold by the creator. Vice versa, too, not all works in a book are owned by the publishers. It depends on their contract. If you find a picture in a book or magazine, be sure to find out who actually holds the copyrights. It is still illegal if you don't have permission from all holders in many cases. Often times, both the publishers and creator own the copyrights and you must get written permission from both. Keep in mind that the copyright page doesn't always specify who owns photos and illustrations, just the written words. As a rule of thumb, contact both the publisher and creator of an image.

[@SASHAMIRANDAA]

This is why I copyright my work before publishing it on social media or releasing it anywhere else. Also, if you don't copyright your work you won't be able to take it to court. Learned this the hard way, Lisa I love your videos you are very informative ☆

[@mrhappy19]

This is incorrect. "Copyright" is not a verb, there is no act of copyrighting. Copyrights exist the moment a unique creative work is created. Registering a copyright with a government is simply a useful way to prove whether you have copyrights for a work and can be used as evidence in court. Just because you haven't registered a copyright doesn't mean you can't protect your rights in court, it is simply more difficult to prove whether you are a copyright holder of a particular work if you have not registered your copyright.

[@SASHAMIRANDAA]

In my experience mrhappy I had to "physically prove" my work with images and videos when working on my art which helped a lot when taking my work to court. Now, unfortunately it's not that easy to claim that your very own material is yours these days especially if it was featured for a company that did not ask for permission nor a release form. But thank you for your input

[@Tim_Krause]

could you make a video on the "common" road painters and drawers go to make money. I think it would be interesting.

[@janetyu1500]

Soooo we can still copy things as long we're not selling it? Like if it's just for practice, then it's fine? Right? Right?

[@loveabbygrace]

yes

[@mamawarrior]

What about painting classes? Or art teachers or instructors that get paid for their services?

[@mrhappy19]

If it is just for practise and you are not selling or displaying the works than it is still a violation of the creators copyright... but how would they find out.. and even if they somehow did find out do you really thing any copyright holder is going to take legal action because an artists copied their photo for practise?

[@Sharperthanu1]

I checked it out and I found out that Andy Warhol was actually sued THREE times but I could only get info on two of the lawsuits.Both times Andy Warhol was sued for copyright infringement he was sued for reproducing photos taken by other photographers without permission.However one must take into consideration that Andy Warhol DID NOT HARDLY CHANGE THESE PHOTOS AT ALL and they appear almost exactly like the original works.Andy Warhol could have created DERIVATIVE WORKS by altering the original photos until they became unrecognizable.Then he could have claimed Fair use under U.S. Copyright law.

[@myrkflinn4331]

My issue is: I never can really copy something perfectly anyway but still, it's annoying. I do make get a character (fanart) done, could post it on DA, but I don't sell it. I but credit to artist (his/her name, usually their social site if possible and not forgotten too), and that's all I can provide. I don't want to prohibit myself to never make any fanart because of this.

[@DarrenBurch]

I have a question. I went through an art gallery of an artist who painted pictures back in the 1930s I want to do a video about this artist. Is this okay. Cheers Darren

[@higherground711]

I'd like to submit the following from the FAQs section of TeachingCopyright.org. "When does copyright start? Do I have to register the work with the government?" "Copyright status is automatic upon creation of your original creative work in a fixed, tangible form. Registration with the U.S. Copyright Office is not necessary for copyright status and protection, though registration is needed in order to pursue an infringement claim in court."

[@paulaw4215]

Very informative. Thank you. I often see paintings of celebrities for sale - everyone from John Lennon to Dolly Parton - and I wonder how those are able to make it to the mainstream. I can't believe everyone who's painted those has received permission.

[@PhantomDrawing]

Many artist on KZbin do drawing tutorial of characters that ain't theirs. For example, how to draw Elsa from Frozen. If they were to monetize their videos, would they come across any problems in the long run.

[@Lachri]

+PhantomDrawing They can. Fan art is a really gray area.

[@chey7TH]

So if I were to make a portrait or a persons/celebs face and sell that, is that stealing too? Or do companies ACTUALLY own people's faces.

[@Lachri]

There are too many factors to answer yes or no, but I can say that if you did not take the photo then you do not have rights to use it. If you did take the photo I believe the law varies by state as to whether or not you can use it without that persons permission. You would need to talk to a copyright lawyer for the last part.

[@chey7TH]

Interesting.. And very confusing since Ido not even live in the usa. Haha. Thanks tho!

[@concreteturtle4197]

It is confusing. Here's a bunch of scenarios. I'm not a lawyer but here's some perspective on each: Situation (A): Let's say you're a big fan of Justin Timberlake (JT) and you've studied him and watched him for years. So, you can pretty much draw a picture or paint a painting of JT in any position doing anything. So, you do a portrait of JT from your imagination and post it online or stick it in a gallery to sell it. In this case, you're probably okay. Situation (B): Now let's say you do a portrait of JT every day and start to sell them and let's assume you're successful (I mean...you're selling hundreds of JT portraits a year). Situation (C): You're paintings are SO good, you are contacted by a t-shirt company and they want to put the image on t-shirts and sell them. Situation (D): You are a photographer and you bump into JT on the street and you take his photo and sell it to a tabloid. Situation (E): You are a photographer and you bump into JT on the street and you take his photo and sell it to a t-shirt company to use on t-shirts that they will sell. Again, I ain't no lawyer, but: A famous person has the right to control how their face is used, in the same way that we all have a right to privacy. But, US courts have determined that if someone is a celebrity, then that makes them a PUBLIC FIGURE, and public figures have lost a certain amount of that control. So... Situation A is probably not going to get you into trouble. JT is a public figure and that is reason enough, legally, for you to do a portrait of him and sell it. And let's say JT saw the painting and HATED it and wanted to take it down. Well...he could take you to court but he would probably lose, unless he could show that the image you painted was damaging to him and, at the same time, without merit. Situation B also probably would not get you into trouble, but situation C probably would. Why? Well...b/c, as a public figure--an entertainment figure--there's a good chance JT has licensed (sold) permission to use his face on t-shirts to a company. If YOU are then selling his image on t-shirts, you're infringing on his ability to earn income as an entertainer. it wouldn't matter that your image is a painting. You'd be just as liable in court as situation E. Situation D, however, you'd be safe. Why? B/c as a public figure, US courts have determined that he's lost a certain amount of public privacy so you do have the right to take his photo and sell it to a tabloid. But...the court would feel differently if you were selling the same photo to a t-shirt company (or manufacturing the t-shirts yourself). -------------------------------- It's all about infringement and "infringement" is a little bit like "doing harm". In situations C and E, you are infringing on his ability to use his own face to earn income. And that's true even if he is NOT selling t-shirts on his own. We can't use his face to make money without his permission...without a license. The one exception? "Journalism" and public comment. That's why we CAN make money selling it to a tabloid. Interestingly, if you were a photographer, you would own the copyright of all your photos, but that doesn't mean you can do anything you like with them. Let's say JT agreed to let me take his portrait, I (if I'm smart) will make sure he signs a 'model-release' where I make clear how I intend to use the photos. Or, let's say JT is gonna be on the cover of Rolling Stone and Rolling Stone hires me to take the photos. I own the photos and Rolling Stone will pay me to use one of them on the cover. BUT-- I can then take one of the photos and sell it to Coke and let them put it on one of their coke cans. I own the copyright on the photo, but in this case, I don't have the right to license it to other commercial businesses. One interesting case from mebbe 7(?) years ago. There was a photographer who had all these photos of Marilyn Monroe that hadn't been seen before. All he wanted to do was sell prints--he wasn't going to license them to other companies to put on products or anything like that. He just wanted to sell prints and exhibit them in galleries in order to do so. Well...the Marilyn Monroe estate sued and they won. I think the court made a mistake in this situation. The basic function of a photographer is to shoot photos and make prints. We already agree he has the copyright. But the Monroe estate argued that him selling prints was the same as him licensing Marilyn's image to a t-shirt company. Photographers were shocked. I thought it was a huge mistake. But your original question was "do companies actually own people's faces?" Sometimes they do and these companies are very powerful. Especially nowadays in our media-rich world. People understand that when a celebrity dies, their image can be worth something. Actors now often draft up scenarios in their wills to determine which of their heirs will be in charge of their image. Anyway...lazy sunday ramble...

[@chey7TH]

+Concrete Turtle Thank you very much for taking the time to write this! That was actually very helpful. I think i understand it much better now 😀

[@mrhappy19]

Celebrities actually have certain unique protections in addition to normal intellectual property laws. They have additional protections related to people using their "likeness" and this could include a painting of a photo of them, that you have copyrights to. Its complicated, but if you want to sell art depicting celebrities you should be informed about legal issues related to "likeness."

[@LADimagirl]

It's just so hard because I lack imagination so if im doing for instance multiple fish and I want one in another angle i cant imagine what the shadow would be like without a particular reference :/

[@zabbio]

You could make a model resembling the fish(es) in model clay or whatever and use that (or take a photo of the model and use that). That's also great practice to learn shadows.

[@lindsey211]

Oh dear, so I can't look up photos and then use them for photorealism? How would I contact them if I found the picture on Pinterest? Can't we draw those cartoon characters for fun? What would happen if we did get in trouble for them?

[@G4M4YUN13L]

since this comment is a little old i'd thought to just toss in my 2 cents you can still look up royalty free stuff and use it. you can always try to reverse search stuff you find on Pinterest! if you use chrome you can right click on an image to do so. you can draw cartoon characters for fun, but if they tell you to take it down, i would do it asap. you would just get fined via court if they took it that far, but taking it down would solve the issue.

[@joygilley12]

I liked it, and I just happened to have painted a shelf today from learning from you.... You know, the skull and butterfly I put on fb, WHEW! I'm glad you don't mind. Thanks for the great knowledge you bring .

[@Lachri]

I saw that, it is awesome!!!!

[@tanyaratti]

For the person who went on a bout patented bananas - I dont think you watched the full thing?.... Its ok to copy art as a personal learning experience and keep it. - you just can put it up as your own but if you share it then you need to give credit to the person who did the tutorial etc (all the greats are used to help teach people). Its just that if you 'show' it as your own or try to 'sell' it that it is a copyright issues.

[@myrkflinn4331]

This is the issue: a lot, A LOT on google images is art, so a LOT is illegal and unable to be used .... And if you turn on copyright filter, nothing good is left. When you need it as inspiration, ref, for your wallpaper, you always seem to be called a thief.... seriously, if you put your art out there, it's a risk on it's own (I both support that opinion and hate it because I make art too and it's frustrating).

[@24starbuck]

I based a painting on a birthday card I received. This was later sold at a charity event. I have no idea who owns the copyright - nor do I have the original card. I am now concerned that this was illegal. Every week at my art class pupils use some sort of reference for a painting . We are hobbyists who have an end of year sale. Should I be worried ?

[@janis5374]

+Lachri Fine Art if someone was to sue you, do they always request you stop first , cease and desist type of thing, to 'give you a chance' so to speak if you do tread on that ground? thank you xx

[@earldelacruz3727]

Let's say a person sketched a building or a bus or a park bench or a sculpture while he or she is inside a park ( without obtaining permission ), does that violate copyright ? How about when someone draws their own tv set or furniture does that also violate copyright of the tv's or furniture's manufacturer ?

[@renjamin69]

This might seem like a ridiculous question, but if you do a realistic portrait of say Eddie Redmayne, at some sort of movie premiere, where you are unaware of who took the photo. Could you still get into legal trouble with whoever took the picture?

[@silkeschumann7261]

There are more possibilities how a full quote is perfectly legal without asking the original artist for permission. An art journalist doesn't need to ask the permission of the artist to print a copy of the piece next to the text about this piece of art. A Teacher can reproduce a piece of art and teach techniques this artist uses. These are covered by the section of quotes in the copyright law. Copyright law mainly regulates publishing. Publishing is anything that goes beyond your four walls and if you use your four walls as gallery or have a copyright protected art prominently in the background of your youTube video for a prolonged period of time, it is per definition a form of publishing and publishing without the permission of the artist is not allowed, nor is offering it for sale or accept copyright protected art to copy as commissioned as you covered with the school. As a young artist who is learning it is ok to copy any artist and it is legal as long as you do not exhibit, publish or sell these copies of copyright protected works. There is a famous collage artist who was sued for breaking copyright laws since she used material from magazines that clearly was copyright protected. The artist won in court because her art was considered an original piece of art that transformed and quoted the originals used in her art. But this doesn't mean, that any work will be considered a collage with quotes with an overall original message. The risk is considerable and usually not worth it.

[@undertaker343]

What about abstract painting??? Can i get in trouble if i use same clours? i mean abstract painting isnt rly smth i can copy even if i wanted..

[@fuzzydragons]

thank you thank you thank you this is perfect, I have been trying to explain to some people the basics of copyright and this would have come in so handy. It can very country to country, but most copyright laws are the same as they are talked about here.

[@WeddingxPeach97]

I have a question what I drew some fan art that was completely in my style, I did the pose my self, I do it im my style the only things that not mine is the like I didn't copy a photo.character can that be sold?

[@Lachri]

Nope, those characters still aren't free to use, they belong to the creators.

[@WeddingxPeach97]

+Lachri Fine Art ah ok

[@loveabbygrace]

i have heard that things like Disney that already make so much money from their work, wont care if you sell a little fan art

[@TheYerMoma]

so would one get in trouble if they posted a video of a painting of like elsa from frozen on youtube as a speed painting video even if it was just for learning purposes? I know you were really elaborate but I wasn't sure if it was all specific to if you try and sell the piece or if it is just the creation process in general.

[@Writer4ever779]

Good video :) Glad to see someone is talking about this. VERY important I think to know about this as an artist.

[@maryt597]

what about using the photos from pixabay or unsplash?

[@matthewlewis5789]

What if u took a photo of a senery in ur town and drew it but without u knowing that senery was already a photo is that copy write if you didn't no someone else took that pic

[@salwafischer7143]

Hi Lisa, I watched your Vlog about copyright rules. You talked about buying a DVD with lots of photos and references, where can I buy it?

[@ivonav3751]

Some years ago, I did a painting which I donated to a charity, and was asked to sign away the copyright, so only the charity could sell further copies of the work (it was made into a calendar, plus they sold prints, notecards, etc). I agreed to this, and was told that I could still use the image under the 20% change concept, but this was not in the contract. I did make a second painting (also donated to the same charity for a silent auction) the following year, and changed some details, but it would still have been clearly inspired by the original work. I don't suppose there would really be much of a case against my using my own original work as reference, especially since any profits went to the same charity, but now I wonder, since I had sort of thought that the 20% change concept was legitimate. Good information to know. The original photo I used for inspiration was taken by a friend, I had her permission to use it, and she was identified in both cases.

[@vanezcha]

So do i have to go back to old time to copyright the younger face of brigitte bardot?

[@andysimmons2648]

This is very informative. Thank you, Lisa.

[@Anonymous__-uo6zq]

Sorry if I missed this in the video. But, does it change anything if you are not profiting? I mean, if you work from a reference photograph to create a drawing or painting, but have no intention on selling it, is this as big of problem? I am sure it is still wrong technically. But why would anyone ever come after you for using their photo for a reference when you aren't even profiting from it?

[@loveabbygrace]

I'm really confused about the legalities of using a reference photo from google. if I'm not copying the entire photo exactly...?

[@MarcellaSmithVegan]

I have a question, if I use oil colored pencils to work into an oil painting, will that affect the archival value? Can I mix both together in a painting, oil paint ontop oil colored pencil? I would like to mix both, but still think that the painting will hold true for a hundred years. I have recently ordered professional quality oil colored pencils and am eager to do this

[@kastaylor01]

She is correct on all of this about copyright. Good information.

[@richardsummers8805]

Does this mean that only the first one to photograph, let's say, Mt. Rushmore, has the legal right to use that image? There have been countless photographers that have taken practically the same image. Is everyone after the first in a copyright violation? I'm really interested in feed-back on this one.

[@SomethinSweetShop]

That was an awesome vid. I don't sell copyrighted work on my etsy I hate when ppl do that! I make polymer clay charms and there are sooooo many copycats on that site! I do have a question though, I can post fanart on deviantart just to show it off right? I definitely won't sell prints, that's not ok.

[@Lachri]

Usually you can without issue, make sure to label it as fan art. Legally it is still copyright but many of us do it, and like I mentioned in the video many companies actually encourage it. Some however will demand it be removed. It depends on the company.

[@jamiesimpson1578]

Hello, I recently bought a couple of vintage photos from EBay. I used the images for a painting. I eventually would like to sell them. I contacted the seller to ask for permission to use the images. I didn’t see any copyright info on the photos only a watermark. I will wait until I hear from them

[@BrennanRasmusson]

If i created a logo for my name (i currently use it as my thumbnail) and someone steals it, claiming they created it, how would i prove that I created it. I haven't run into this yet, but I'm curious.

[@mrhappy19]

You would provide any evidence you can to a judge that shows you created it first. Timestamped photographs, email messages. Or you can register copyrighted work as well as trademarks. Your logo would be protected under trademark law. Registration of copyrights and trademarks are the most valuable evidence you can provide to prove you are the rightful owner to a work or logo.

[@chrisjackson5897]

Fabulous, helpful and all "common sense" from my understanding of copyright. Could you tell us how to do good Google image searches to see if anyone copying an image I have created? Thank you for all the care and effort you put into sharing!

[@kierabreen1377]

Would it still be counted as copyright if the piece of artwork was from a video instead of a photo? Eg. If i saw a dog running on a KZbin video and paused at the perfect moment, would that still count as copyright?

[@joyepittura]

Carla René actually not true regarding using material such as paintings from KZbin paint alongs...many..for ex. The Art Sherpa has full lessons of acrylic paintings and has a disclaimer indicating that any of her paintings can be used for personal and selling use..as in most of the KZbin paint along videos..you need to credit the "original artist," in this case Cinnamon Cooney...another channel..paintwithkevin..he has more then 200 paint along videos in oils..again he allows anyone to copy and sell ...anyone who uses another Artists works when coming from a workshop..KZbin etc..must credit the original artist..you sign your name ..and must write " I inspired by...". What about the waterfalls in Lachris video of "how I plan my painting?" she used Photoshop and took a few pics of waterfalls and went with that....if 20 artists are at a workshop painting plein air and all painting the very same scene...lol when there are photos taken by a photographer ..of course they have the copy right logo on the pic...pics from travel sites...these are not copyrighted...they are not stated as such..and nature is a scene in which "not one individual owns ." What about the stencil she uses in her paintings..as in the one behind her..is that copy righted...not...I saw on comment asking if the pics on there are copy righted...the site is of pics that are "public domain," any artists that have been deceased for 70yrs or more becomes public domain..unless a collector takes over the copy rights...don't take this as a go to...I am only saying what is known..not a lawyer...create at your own ....not as to what I have indicated...although the KZbin sites I have mentioned..the art sherpa has a disclaimer under the info..and paintwithkevin..just contact him..they allow..again for their works to be sold...

[@susiemcguire1395]

Can the copyright symbol be used as part of a drawn logo design for potential use as a watermark?

[@veresannamaria600]

What about copies of very famous paintings?

[@meakimon]

I was wondering. What if you make something on your own, with no reference, but it looks like something you didn't know about, by coincidence. What then? Because I'm often worried, when I see my old, old characters, or art pieces, looking similar to a character/piece made by someone else, that the other artist will point their finger and yell "thief." How do I prove that I didn't know about their character/piece?

[@guitaremarine]

What about painting famous mountains, architecture like the Eiffel tower or old archeology artefactos?

[@ScubzMcTalBowling]

Dang, I'm glad I watched this video. But here's the question: I am working on a 13"x26" painting. I found an image of a skateboarder online to use as a reference. In the painting the skateboarder only takes up 2"x2" of the canvas. I have changed the clothes and the skateboard color, but the overall form and pose of the skateboarder is identical. Am I breaking the law?

[@vivianvan-standen5004]

what about a scene that has been photographed by many people and put on images in google and instagram who owns the scene then ?

[@syedaanjum896]

means we can't copy the things those have copyrights but can we cut and use original images from a copyright book and use in our art journals? please reply.

[@blue.panda621]

What your opinion on Sherrie Levine's "After Walker Evans" photo then? It is literally a photo of an original Walker Evans photo. A lot of Levine's work is re-photographs of other works. The whole copyright issue was a huge debate in my art history class. So, I'm really curious about what your opinion.

[@Lachri]

I'm actually not really familiar with that case. If I remember correctly she photographed another photographers work and called it art? The family of the person she copied sued and won didn't they? I personally don't get the point of taking photos of another photographers work, and if the case was as simple as that, I don't at all agree with what she did. I admit though that I am not totally educated on the whole thing so I'm really only seeing the one side.

[@aylorjames848]

Please check the case of the dispute of the creator of Black Sheep which was originally Damien Hurst Sheep in Formaldehyde whereby it was ruled that his defacement of Hurst work constituted a unique piece which put ownership into the hands of in the creator of Black Sheep -who's name I can't find at this minute-.

[@jordangroff8978]

Question about the Trademark stuff: I like to reference characters from Disney, Nickelodeon, Nintendo, etc. in my art, but I never copy an actual image of them, I always change them in some way (different colors, different physical structure, different poses, etc.) and I always make my own original compositions in my art. Example: I recently made a painting that had to do with the Covid-19 issue, and I used "Koopa Troopa" as the figurative element in the painting (gave him a mask, dressed him as an Airport security guard, etc.). I didn't mention Koopa Troopa or Nintendo in the title of the work. One of my favorite artists KAWS is doing this exact same thing, and his work is selling for millions at auctions, and somehow he isn't getting sued. He might have a license to use these images, but I seriously doubt it. My question is do you think it would be ok for me to do this? Why or why not? I thought this was considered "fair use" since I'm not copying an exact image from these companies, just referencing it, which I thought was legal. I appreciate any feedback you can give. Thanks.

[@camasl2330]

Coming in a little late here. Maybe Someone has already asked below, but...if u get permission from an artist or photographer for using their ref photos, does that automatically allow you to make prints of your rendering of that photo, or do you specifically need additional permission if your intent is to sell prints?

[@Francesca-dq9lr]

So is it okay to copy if I'm not selling it or making money from it etc and not saying that its an original?

[@zabbio]

YES!!! thank you! I try to take my own photos for referense, or else I'll google for general info (let's say I want to draw someone playing a violin but I have no idea how to hold a violin..I look up lots of photos or play a video, make stic-figures and sketches to get a feel for the movements, and then work from them) Or I go to deviantart and see what people put up there in stock images ad read their terms of use and give credit etc etc.

[@ladyamalthia7688]

the link to paint my photo says its not been launched yet? maybe im having trouble because of my phone?

[@Writer4ever779]

I didn't sell a lot of my drawings in the past for this reason. Because some of them are recognizable...Now I would be more comfortable because I am making up my own stuff now. I do use multiple photos as reference to where the eyes are or how big is this creature or object I am wanting to draw is. :) LOVE your videos.

[@Lachri]

Sarah Kashuba Thanks :D And yeah, using reference for reference and not to actually copy is totally fine :)

[@Writer4ever779]

I kinda get the idea that when you copy something as long as you are not selling it or claiming it to be yours its fine xD lol correct me if I am wrong though

[@Lachri]

Nope, still a violation of copyright :) Of course if you're not posting online or anything no one would know either way.

[@melanietruth]

Lachri Fine Art I see I should have read all the responses to this, my bad. Wow, this is madness.

[@mamawarrior]

So what about art instructors who use paintings for their classes? If we give the artist credit, is that infringement? Or what about private art classes and you see a painting you like and you paint an example for classes in which you are being paid for instructing?

[@247abc1]

Not sure it is ok to get paid to replicate an artwork for hire as teacher or not. Also, not great to teach that it an ok thing to do.

[@justinejocelyn1133]

Is it copy if you change the characters image i have seen fan art of finding nemo but as a human not underwater ceature.

[@Lachri]

Keturah Sylvain Was it Captain Nemo by chance? That is another character altogether.

[@justinejocelyn1133]

No, nemo from the disney movie finding nemo

[@Lachri]

Keturah Sylvain I'm honestly not sure. I know if it is Disney's character, they are CRAZY protective of their creations/property. People get in trouble for disney fan art all the time.

[@danielcastellanos2541]

What if the person you contacted actually stole theirs photo from another person? Would you still be held accountable?

[@Lachri]

Liam Tanglao Yes, you would.

[@Marjet98]

But, if i want to draw super man, and don't sell it or use it for my site, instagram etc. Can i draw it then ? Because then i just use it for myself right ? I really agree about the photographic part. There are so many people who do that! i'm a amateur photographer and i really know how it feels. Btw you are awesome! Greets from the Netherlands

[@Lachri]

Marjet S If you speed and no one is around to see you do it...it's still technically illegal but you're not likely to get caught. Same thing with art. Technically you're still violating copyright, but if no one sees it you can't exactly get in trouble for it. That said, people draw spider man all the time under the concept of "fan art" and share it online, and don't have issue. Its still a violation of copyright but marvel won't normally go after anyone for it unless they are making prints, selling the work etc.

[@GinaisnotGeorge]

Thank you this has been so informative!! The art I have been creating would probably be classed as 'fan art' but understanding all this really encourages me to be more original and take my own photos! As a keen film maker I hope to steer clear of any issues in the future, especially as I'm learning the ukulele to make my own music:) I've had trouble in the past with people removing my credits to my art/ photos, attempting to claim as their own which is frustrating. Copyright is horrible in the way that everything seems protected and it's difficult to avoid, but good when you yourself have sweated over a piece only for someone to steal it :(

[@tinkaelectrona1273]

I just ask the photographer if I may use their photo as a reference for my art.

[@marlenemullet]

I know this is a late comment on this thread, but I have a question: I'm a wildlife artist and I'm not a photographer and can't take good enough reference photos myself so I rely on other people's photos. Can I buy photos from royalty-free sites like Fotolia to create and sell my art? I'm a graphite pencil artist and usually change something in the photo plus it would be in black and white which makes it look different too.

[@LOLOx0na]

I made a logo for a non-profit group, I saw a stock photo of a knight and I drew the knight in the same position yet with different armor and weapon. Is it okay to copyright the logo I made even through I didn't sell the logo?

[@clannadfiddy2]

What if you only look at the details of an artist on a picture and not so much use there work to fine tune ur art work like when I look for a subject for draw information or painting I look at many different pictures and take into consideration how the did it what they did and how as me as an artist learn how to use these to create a hole different work of art. Would that violate the copyright laws

[@Lachri]

Kyle Fernandez As long as no one can look at it and say "that was a copy from this other artwork", then you're fine. Like when I draw a forest, I will use several photos that were not royalty free, just to get the feel of the texture in the trees etc, but they are never a full copy of any one photo. In that case I am literally using the photo for reference, not to copy from.

[@poulasha4123]

i was wondering if using celebrity images from google as a reference was infringement of the copyright law. I dont sell them i might share them at my Instagram page sometimes. Am i considered to be violating the copyright?

[@vishalratmele]

Thankyou so much for the video ma'am. I Just have one question what if its not to sell but only for my instagram or facebook?

[@erinb7282]

What if you’re not going to sell the painting that you used as a reference, it’s for you?

[@davidkuhn4429]

Thank you for that info it is nice to know that. All of my art is original, (all 18 paintings so far) its not much but I was worried about copyrighting my work. I'm almost done with my Orca's and will be sending it to you someday soon. Intertwined has turned into a wheres waldo as I mentioned before, with so much going on in it. I've been working on it over a month now so, I hope you like it as much as I do. My son said to me its weird how something so beautiful can be so sad at the same time. It's surreal looking at the world for what it is, and it forces us to think. All of my art is meant to make you think, I just wish I was as good as you. DrQ'in I Love your stuff.

[@rachel-anesmit1243]

Are morgue file's photos copyright protected or can I copy and sell them?

[@mollynicole4614]

I wonder if anyone can help me out. I made a film... me taking people on a tour of historic places in my town... I want to use historic photos but I'm afraid the museum who owns them will say no. If they say no, would my artist friend be allowed to draw these old buildings in the photos that the museum owns? I can check out a book that has all these photos in it and my friend could draw the buildings in the photos. The museum did not take the photos but they own these historic photos.

[@tamaraj4200]

Is pixabay totally free to use their photos? Can you paint finding nemo just for a decoration in your room? What about dollar store canvases that have a preprinted design sortof like a paint by number, but without numbers so you decide the colors, can that be sold?

[@amelieyasmin8564]

Crafty Tamara Pixabay is the best site for royalty free photos, so you can use them for references. Of course you can paint a character in your room, as long as it’s just personal and you are not making money from it or claiming it as your own. Lastly, no I would not sell anything that has been preprinted, because although you have chosen the colours, the design and product have not been created by you. Hope this helps x

[@jjtsmom]

Desperately seeking answer to question about artistic "TRANSCRIPTIONS," Being self-taught, I've learned a great deal by emulating the GREATS, generally via a different medium, (e.g., Van Gogh's "Starry Night" in colored pencil) to learn technique, composition, etc. Is it okay to post transcriptions online if labelled as such? Thank you, in advance, for considering my question, Lisa.

[@Lachri]

DJ Stephens You can make reproductions of those and sell them because they are so far out of the copyright time frame :)

[@jjtsmom]

Lachri Fine Art Thank you so much, Lisa. Much appreciated!

[@foreversalinas3772]

what about all the Artist that we see at the Comic Cons through out the land. They sell the the idea of someone else work?

[@usselpasoable]

Lisa, thanks for the info. I was wondering if 'sampling' bits of other photos, ie. part of a mountain, stream or sky to craft a painting is wrong? It would be the painting version of what is done in the music industry.Finally, I think I have a great idea for reference photos. I'm going to ask the poster of a youtube video if I can use it to do a painting. Imagine the possibilities of all the still images you could get of a beautiful landscape. I think most people would love to have their video turned in to a painting.

[@shersartwork]

ok I painted a mermaid maybe 12 years ago for a friends daughter.I believe it was Disney, but not sure. I never took a picture of it. I gave it as a gift. The daughter is now a teen and Im pretty sure its not in her room, but I'm not sure if she kept it because it was from me or gave it away or sold it. My friend does give a lot of stuff away. What happens if someone either bought it or received it free and then sells it? I feel kinda funny asking do you still have that painting? I mean it could be past around and I wouldn't know. Back then I never even thought of it being sold or given away.

[@Nazgull123]

Then how come I see people on Instagram like whilesheburystomorrow, coreymayne and a BUNCH of others who blatantly copy/trace key characters such as luigi and then sell them online as prints???? So wrong.

[@Lachri]

People get away with legal violations all the time. That doesn't mean that they can't get in trouble for it later on down the line.

[@WiseTailsArt]

Is it okay to use photos from public domain sites like pixabay.com?

[@chyandchris3435]

What about portraits? Say if somebody were to draw a picture of a famous singer. Is that illegal?

[@Lachri]

Chy Rose Did you take the photo? If not, yep its a copyright violation. Even if you did take the photo, the laws in some areas prohibit you from painting celebrities without their permission.

[@msrachelface]

Hey! Very helpful video, thanks! I'm trying to be more aware of these type of things now that I'm selling more & putting more out there online. Question, if you know and don't mind answering.. Not quite the same subject but As far as trademarking goes.. Did you actually trademark you're 'brand' (Lachri) when working under it or just purchase the domain of Lachri.com ? Is it sufficient to simply buy a domain or should I eventually use trademark? I assume this may be your last name. I'm looking to use a variant of my name. I know the likelihood of someone copying it is low.. But you never know. Hope this question makes sense. :)