Copyright and images
March 14, 2008 by Cyndi Lavin
Filed under Home & Living
Tony asked awhile back about the difference between some of the terms that we use a lot in mixed media art. You’ll read that images are “royalty free” or sometimes that they are “copyright free”. It was a great question, because these are not the same thing at all! Just because someone offers you the use of an image for no fee (royalty free) does not mean that you can do whatever you want with it. Someone may still hold the copyright to that image and may set whatever restrictions he pleases. It’s confusing, because some copyright holders will let you use their image but not sell anything made with it. Others will let you sell an item that contains the image, but you may not resell the image itself to others. And there are lots more variations on this theme.
Basically, bottom line…the copyright holder has the right to set any restrictions he wants. Your best bet, if you are unsure how an image may be used, is to check with the company or individual artist who owns it. Do not think that just because an image is “out there” on the net that you may take it and use it. Same goes for books or artwork that you purchase. You own that copy, not the right to reproduce it and make more unless the owner says so.
In the United States, the government copyright site is the ONLY authority on what is and isn’t true about copyright. Don’t believe all those things you hear about only having to change the design X% and it’s ok to use. According to the government site, only works published before a certain date are considered public domain and only some of those published after are free for use. Notice that I’m not even going to state the date here. You need to read this info for yourself…I am not a lawyer and will not do the research for you. That would be practicing law without a license 
Still, there are a number of really good royalty-free and copyright-free sites with images available for your use. I prefer to take my own pictures and even make my own stamps for the most part, but there are times when a vintage drawing has just the right look, plus I also have an extensive collection of antique photos that I use. When you go to download any of the images off these sites that I’m going to list, it is up to you to read the rules and learn what you’re allowed and not allowed to do with them.
NOAA Photo Library
National Archives
NYPL Digital Gallery
Wikimedia Commons
US Government Photos and Graphics
Library of Congress: the commons on Flickr
You’re welcome to leave additional links to image sites in the comments. Remember, everyone is responsible for checking into the rules of each site and no one who leaves suggestions here may be held responsible for any copyright issues.
I try to use my own images due to worrying about the copyright stuff. It becomes very limiting working this way but it’s better than worrying too much especially as I’m a real worrywart anyhow.
I’d add a word of warning to the above (and I’m not a lawyer either).
Watch out for the meaning of “commercial use”.
I have seen, here in the UK, that if you are using something to increase your knowledge “in a work context” then it could be considered commercial!
Yeuk.
Wow, good warning, Hazel…thanks!
Excellent article Cyndi! Really spot on.
One more good thing to know. There are digital graphic sites like Scrap Girls which sell commercially licensed versions of some of their products. These products are things like templates and styles rather than finished designs. They are wonderful graphic design tools.
Thank you, Eileen! Templates and patterns are definitely something that copyright impacts too…thanks for the reminder
I found this news disappointing, as I like to combine painting with collage (pictures) to make political or atheist statements in my art. Will I have to meet the Pope & take his photo, in order to make art about his latest list of 7 “new sins”?
Now I’ll have to do a lot more research for photos, but I’m very thankful for this info. I don’t want to jailed for using someone’s photo of a frog or something !
Pictures of public figures is a whole other can of worms! Yeah, you pretty much need to either take his picture yourself, or find sources that are copyright free, or buy the rights to use one. Or you can get a friend to dress up in the costume, take the picture from an odd angle, and blur it enough so that people just *think* it’s the pope. That works for me
There are stock photo services you can subscribe to or you can purchase use of their photos one at a time. The prices are quite reasonable – well worth the peace of mind. Then you can be absolutely certain you are not violating some artist’s copyright.
Thanks Eileen! That’s an *excellent* suggestion!
Hi,
I just want to say that I didn’t mean to offend anyone’s beliefs by my post. I like to make people think thru my art. Oh, I just loved the idea of dressing my friends in costumes and blurring the image before using it. That’s a great idea !
Tony, I didn’t hear from anyone that they were offended. As you can probably tell from my own artwork, I’m a believer (though not in the Pope, per se…), but I certainly don’t expect everyone who reads this blog to be one! In our own ways, we all like to make people think.
Let’s keep the dialog going!
> Thx. This is off-topic & personal = living in San Franc, we do what we want when we want (gay marriage, pot clubs, etc.). I’ve felt lately that I’ve developed a bit of arrogance when communicating, so apologized. It’s a growing process to become a nicer person.
> Be careful of using corporate images or names. Years ago a vegetarian diner used the name “McDharmas” & McDonalds sued them & won. I had a letter published in papers saying we should ALL add “Mc” to our names !
> I’ll check later to see if I’m able to post a few of my paintings. This is a fun site.
Send your images directly to me at cyndi@b5media.com I’ll post them along with an artist statement if you’d like.