15 February, 2016

Copyright

Hi all,

I am brand spanking new to this board; and, actually, this is the first artwork/artist board i've ever joined. So if i am posting this in the wrong forum, asking a dumb question, etc., please forgive me.

I have done commissioned pencil drawings for almost 20-years. But i've probably drawn three times as many in the past 2 years than all the previous 15-18 combined; since i put my stuff on Facebook. I would say that probably 97% of what i've done are original drawings of pets, babies, etc. for folks.

What i need your help with is how copyrighting works, with regards to using reference photographs online. While i moderately to somewhat strongly enjoy my artwork, SOMETIMES i feel if draw one more baby face in graphite, i'm going to go nuts! But i have discovered over the past year, that where my passion lies, is waterfowl in colored pencil. I've only been drawing with colored pencils for about a year, and its the first time in my life that i cannot put the pencils down for hours! Where as before, with graphite, i sometimes couldn't/can't make myself draw. Sometimes for weeks. Which is why i know i need to ride this wave while i can (drawing in colored pencils; particularly ducks!).

What i don't understand is how copyrighting works. What i read the other day basically sounded like I am not able to reproduce a photograph found online, without permission from the person who took the photograph, without altering in a way that would make it "my own." But couldn't i make the argument that drawing a photograph in colored pencil IS making it different? its a completely different medium, right?

I do ask, if at all possible, can some folks reply to this and let me know in real, every day language, what i can and cannot do legally (as opposed to linking me to a site explaining the law in lawyer talk)? I would love to have a bunch of replies saying, "because you are DRAWING FROM a photograph, as opposed to USING THE photograph, even if you draw every single little detail EXACTLY like in the picture, you are safe to use whatever photograph you'd like, without being granted permission. It is only a problem if you are right-clicking said photograph and using it." Or something to that affect :) Either way, even if its bad news you have to give me (you simply can't use a photograph, even if you're drawing from it, without permission), please let me know how to go about using reference photos. I'm not gifted enough to just pull images from my head and draw them. I just feel that if i have an idea to draw a flying mallard with a graphite swamp background, it seems like it should be okay to find an image online and draw it (instead of having to buy a $5,000 camera and go camp on the creek somewhere in Arkansas to try to photograph a duck!).

Thanks so much in advance for any and everyone's consideration and advice!

Mitchell

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1 Comment

rosemary gioielli 28 May 2016

Hi Mitchell, It's a sticky subject. Yes you do need permission to use a photo reference if the photo isn't yours....regardless of how you make it your own, unless it is a "free " photo- where the person says go ahead anyone may use this....etc. It is someone else work, and they have rights, just as you do with your work. It's really not a debatable issue- the law is the law. In this situation, the person may have a claim against you, but whether or not they pursue a lawsuit is up to that person or company. But that is their option. The best thing in a questionable situation is to use your own photos. Doesn't always work, and is not always convenient I know. I will say that I have heard of massive law suits concerning this issue. I have also used celebrity photos etc for "fan art" - and I am doing that at my own risk. I hopes this brings some clarity for you.

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