Using Another Artist's Work? What do you Need to Know?
There’s a very fine line between using an artist’s work as inspiration, and theft of original creations. Theft of artwork is something that’s all too common nowadays, with the prevalence of digital art, online portfolios, and social media.
It’s vitally important that if you’re planning on creating and posting your digital artwork onto social media, or selling prints via an online store, that you know your legal rights and obligations. Once you’ve got a grasp of the copyright laws, you’ll be able to create, share and sell your work with a clear conscience and peace of mind.
Let’s look at some common questions…
What is “Fair Use”?
If you’ve ever seen someone be called out for copying artwork, you may have seen them claim that it’s fair use, and that they’ve done nothing wrong.
The myth surrounding fair use policies is that if you change a small portion of an original work, then you’re free to use the “new” version. This is not the case.
Going by that theory, simply changing 5% of an artist’s work and reposting, or selling, would be totally fine. Again, this is not the case.
Copyright laws state that this small portion of work should be used for critique, review, quotation, or education. Recreating something to then go on and claim it as your own isn’t mentioned in this definition.
There is a case for parody, in which you can claim a piece of artwork has been used to illustrate a point, or provide some form of comedic effect. This, however, is subjective. Should you be involved in legal action regarding artwork theft, you may be asked to prove your use was for parody, if that’s what’s been claimed.
You can copy art for the purpose of learning. Doing that is fine, and in fact, that’s the way a lot of artists learn new techniques and styles. However once you publish this work online and claim it as your own, this is regarded as advertising, and as such you are in breach of copyright.
More information regarding Fair Use laws can be found here.
“I found this on the Internet, which means I can use it.”
No, it absolutely does not mean that.
The internet, just like anything else, is a medium. Regardless of where or how a piece of artwork was created, once an original piece is uploaded to the internet, the creator holds the rights. Finding something on the Internet does not give you the legal right to use or claim it as your own.
“I know who the artist is, and they won’t mind.”
That doesn’t matter.
Regardless of whether you think the original artist will mind, you should avoid using or claiming their work as your own. Some people will also claim that if an artist who has a large following has their work stolen by someone will a comparably small following, it doesn’t matter as the original author will likely not know about the theft.
Again, regardless of audience or following size, theft is still theft.
Many artists will ask you to take the stolen artwork down before initiating legal action, however some will not. It’s best to not risk getting involved in legal issues.
Conclusion
When it’s all said and done; theft of artwork of any type, but any creator, is still theft.
Copyright laws are in place to prevent the express theft of original artwork, and as such should be always respected and adhered to, even when using someone else’s work as inspiration for your own.
If you’ve seen some artwork that you’re interested in using, editing, reposting, or anything else and are unsure whether what you’re planning is legal, it’s always a good idea to contact the original creator to ask if they’re happy with whatever you’re wanting to do.
If they give you permission, then great! But if they don’t, please respect their response. Nothing will give you a bad name like being denied the use of original work but still using it anyway.
Disclaimer: The information here doesn’t constitute legal advice, and the reader assumes all responsibility for the use/misuse of said information. The author shall not be held liable for any losses/damages arising from the use of this information. It should also be noted that whilst all information contained here was correct at the time of writing, some amendments in the copyright laws may have been made. Please conduct your own research on copyright laws.
