Not All Who Wander Are Lost
Some are searching for great photo references.
Acrylic collage by Cheryl O Art
I am not a lawyer. What follows are some of my personal experiences and practices concerning copyright — just a small part of what copyright means for creatives.
The artist was upset. They were lamenting that a recent painting of theirs had possibly been copied shortly afterward by a magazine.
My initial sympathy was with the artist — until I looked closer.
The paintings were each of a flock of birds fluttering around a famous historical figure. Here’s the key — none of the birds looked the same across the 2 paintings. The figures were also not similar, other than representing the same person. Bottom line; you cannot copyright an idea.
This is common sense. Otherwise, the first person who painted a horse jumping over a fence could say, “No one else can paint a horse jumping over a fence.” Untenable.
Concerning the bird paintings, what shocked me about that social media post was the number of comments by friends encouraging the painter to get a lawyer to ‘protect their rights’. This was a recommendation to put $350 per hour up in smoke.
Copyright is automatic for creatives in Western countries under international copyright treaties. As an artist here is some of what I keep in mind to respect the rights of other creatives.
1. Photographers own the copyright to their photos.
It’s a great time to be an artist. We’ve all got cameras on our phones, no lugging of heavy lenses for most of us, and can take our own photos to work from.
If taking photos doesn’t work for you, some fantastic sites offer open-source photos for artists. Unsplash, Pexels, and Pixabay, to name a few, have wonderful images on any subject. Contributing photographers generously make their photos freely available to artists, no attribution or royalties required. Just be aware that mixed in with open-source photos there can be ads for photos that require royalty payments, to note what you are clicking on.
If you are accessing photos from any source online, it is important to read the fine print. Some have restrictions such as no commercial use. You cannot sell those paintings. Or, they may require that the photographer receives attribution or a royalty fee per use. Making yourself aware of the rules on any photography site can help keep you out of trouble concerning copyright laws.
2. You cannot copyright a palette; i.e. a specific group of colours used together
Painters, you might find a colour combination used by a particular painter that you love. Whether it is the intense colours used by Lawren Harris, or the unsaturated browns in an Alex Colville painting — you can paint using those same colours with no copyright infringement.
3. You cannot copyright a style.
There is nothing wrong with attempting to paint with the luscious thick brush strokes of van Gogh, the dark backgrounds of Rembrandt, or the abstracted blocks of Picasso. We all stand on the shoulders of the artists who went before.
However, I am aware of an exception to the style rule, and that is the style frequently used by Indigenous artists. I respect that. We have horrifyingly taken so much