WHEN IS IT OK TO COPY?

After writing the blog, “He was copied and it nearly ruined his art career.” I was asked by an Artist,   “ So when is it ok to copy?”

When you draw the image from nature or life and use it in your paintings.

When you take the photo of the scene and you use it, your own photo.

When you are in Art school and have permission to do so. 

If you are copying another Artists work and then selling it without their express permission in writing and also acknowledging them on the painting, then you cannot do it, that is wrong.

If you are copying one of the masters and then you are going to sell it, you must first try to get permission from the owners of the copyright of that painting and then also acknowledge it is a copy on the painting by the master. Something like, “ after Picasso.” above you signature.

I had one Artist want to put a portrait of Elvis into a Gallery I was involved with and I said only after you get permission to use his image. I told them to email Gracelands to ask for permission to use the image and then print off the email, even if they do not get back to you, your intention was to get permission.

At one opening a photographer told me that he really liked a painting and wanted to take a photo of the painting and then he would get it printed onto a canvas and hang it in his home. I told him, no, you cannot do that without the written permission of the Artist, he said but no harm is done?

 I told that he was stealing the image of the Artist, if he wanted to photograph the painting, then talk to the Artist and pay for the use of their image, he got upset with me and left.

I remember one exhibition I was in a long time ago and an author came up to me and said he loved one of my paintings and asked if he could take a photo of the work and then use it on the cover of his book, I asked him if he was going to buy the painting, he said no. I asked him if he would pay a fee for using my image, he said no. I then said in front witnesses, no you cannot use my image in any way at all, he got upset and said how it would be great promotion for me?

 I still said no, he didn't use my image.

We must respect the owners of the image.

I was asked to guest curator for an exhibition of wild life paintings, it was a one person show and they were looking to build a career as a wild life painter, especially of birds. The exhibition was quite big and a lot of paintings. I looked at the paintings and they were quite good, some great action paintings of birds and a lot of rare birds. I was looking through them all and a friend of the Artist came in and I asked where did the Artist go to get these great poses? 

Did she take photos or draw in the wild, how did she start?

The friend said, “Oh no, the Artist copies them off calendars and books by a certain photographer?"

I was stunned and then I asked did the Artist have permission from the photographer?

I knew this particular photographer as he was quite popular and also had a reputation to litigate if people stole his images.

Later that day I saw the artist and asked them about the paintings how they painted them and they said that they had copied them from the photos of this particular photographer.

I was honestly shocked, I explained copyright to them and they said,” But, I painted them, I might have copied them but it is my work now. They are my paintings.”

I explained that it wasn't your work, the image belonged to the photographer and that this photographer, if he finds out he will sue. The Artist was not fazed and said as far as they were concerned it was their work and that they would show it and sell it.

I excused myself from the exhibition and explained why, because they were breaking the law and stealing..

The show went forward, I did not attend and I was told there were no sales.

Artists, you cannot take someones image and use them as your own, that is stealing.

I know so many people do it and get away with it, but that does not make it right.

A copy is a copy and will always be a copy.

In Australia one of my big complaints were Artists who go to weekend Art Workshops and paint one or two paintings under instruction from a notable Artist and get their help.

Then go and put those workshop paintings into a show and sell them, without any recognition of the Artist who taught them. Those images belong to the teacher and you need permission to sell them.

Most teachers do not pursue this as they want the work but that does not take away from the fact that the Artist does not own the image to sell. I know it sounds hard, “ Yes, but I painted the painting,” yes you did, under their instruction.

There is so much in life that you can paint and draw without having to copy other peoples work. Be like Van Gogh and Rembrandt when they couldn't find anything to paint, they painted themselves at least you would have a time line of self portraits.

We all want every Artist to prosper and develop to their highest potential doing original Art work.

Producing original paintings that you created out of your own imagination and creative ability without having to use another Artists images. 

How do we stop people copying other peoples Art work?

If you see your work copied on a Facebook Art Group site, report it.

If you walk into gallery and see your work copied, speak to the Gallery owner and ask to have it removed, most gallery owners would and then clear it up with the offending Artist. If they refuse to do anything, seek legal help.

Now really it does come down to doing the right thing.

I know that there are web sites out there that steal images to put on t shirts, place mats, cups and the list goes on, sadly there is very little you can do. Email them and ask for your content to be moved but if they refuse then it is up to the courts to decide, if you have the money.

One Artist suggested water marking your pictures. That is good but you can remove them.

Another suggested keeping a photo journal of the creation of the painting, great idea.

I think that these are good ideas but sadly once your work is up on the internet it can be easily downloaded and used by unscrupulous people.

One of the best ways to stop someone stealing your image is use low resolution photos but is does not stop someone copying your image.

For the majority of Artists they work from their own original ideas, yes everyone is influenced by others, but influenced and outright copying is totally different.

Original art work is just that, something created by you that is original and totally yours.

I hope this has been a help to some, I do appreciate all your comments and emails.

Love your paintings, love painting and love yourself.

Mark Shellshear.

Art consultant.