First, the artist must consider the legal repercussions of the use of reference photos. Second, the artist must learn to use reference photos correctly to create a fresh and unique point of view in their art.
How Copyright Works
Just like art is legally owned by its creator, photos are owned by the photographer, unless someone buys the right to use the work or the work is offered for free use. The right to use or own a work is called copyright and each person “owns” the copyright to a creative work that they create as soon as it is placed in tangible form, according to the U.S. Copyright Office.
What does this mean to an artist? An artist cannot legally paint or draw a art that looks exactly like a photograph taken by someone who doesn’t give consent for the photograph to be used. This is considered copyright infringement, in most cases. This is illegal and the artist can be sued.
One of the most famous cases of this is when the Associated Press accused artist Shepard Fairey of using one of their photos of President Barack Obama to create his painting entitled “HOPE.” The Associated Press demanded compensation and credit for the use of the photo.
To learn more about how copyrights affect artists read: How Copyright Affects Artists.
How to Use Photos Legally and Successfully
There are a couple ways for an artist to use photos as references legally with satisfactory results.
First, the artist should look for photos that are meant to be used as art references or that is free for the public to use without copyright restrictions. For links to useful and appropriate reference photos for artists see: Art Reference Sources.
Second, an artist should never copy a photo, no matter what the copyright restrictions are. Why? Because to create the best composition and interest the artist should take elements from several different reference photos and combine them in their finished work.
For example, take a look at the two reference photos, below. An artist may decide to use both photo one or two, but to make a stronger composition, the artist may combine elements from both to create a composition such as the one in reference photo three. The artist can do planning for the painting or drawing by combining the elements in sketches or by combining the photos with photo editing software such as Corel, Photoshop or the free programs listed here.
These two methods are the best ways to keep your artwork out of the courtroom and in the buyer’s hands.
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