I’m afraid this is going to be a boring post.
But it’s an incredibly important one.
Photo Copyright.
I identify myself as a photographer and my medium of choice is photography, beeswax, and various pigments. The photograph is just the beginning for me and when I’m done it can completely transformed. But these are MY images to begin with…..they don’t belong to anyone else. I actually refuse to work with any image that I have not taken, even when the photographer (usually a parent, horse or dog owner, or friend) wants to grant me permission. I still won’t do it. It doesn’t feel right. Creating art is about the story or feeling that I create in my work and for me that all starts with MY image.
This can get confusing for some students, especially those who don’t identify themselves as photographers. They think that if an image is posted online that it is OK for them to use. It’s not. Most images posted online are copy written under the Federal Copyright Act of 1976, photographs are protected by copyright from the moment of creation. They don’t need to contain a watermark or the well known “©” symbol. Unless you have permission from the photographer, you can’t copy (take pictures of, download from internet), publicly display (this includes any and all social media), or create derivative works from photographs (photo encaustics). If you want to use the sunlight glistening through water as a background, you need to go take the image yourself and not just surf the web for the one you like best. Even if it is a simple image that you could have taken yourself. Fact is you didn’t take it.
Now there is indeed another option. Copyright Free images. You can find these online and by all means use them. I even own a beautiful piece of work by Lyn Belisle who uses loads of copyright free images (mine contains an image from Ellis Island.)
I’m assuming that some of you are thinking that you can just use an image and no one will know. But then you fall in love with it and next thing you know you are posting it on social media and telling everyone how much fun you had creating the image. Ooops, suddenly people are seeing your work. But it’s not really your work. It’s a copyright infringement of someone else’s work. So use images you shoot yourself, as what’s the use in creating art that you can’t show anyone. Be proud of your work, show it off, and make it your own.
Would love to hear from you about your past experience with copyright infringement, particularly if your image was used egregiously. It’s always a good reminder how it impacts the photographer/artist.
Be well….be creative,
like you said, an important topic that some people don’t understand. thank you for resurfacing it.
You are very welcome Sheryl. Photographers tend to ‘get it’ , but for beginners it can be confusing.
Thanks for trying to educate your readers, Clare. You described the main issues in friendly simple terms that beginners should understand.
An issue you missed is called “fair use” which teachers invoke when they photocopy parts of a book. (Google it for details.)
The fact is that copyright issues are not always cut and dried. In attempting to clarify things, the Millennial Act muddied the water some. The courts have further complicated things by ruling against copyright holders in some cases.
To be clear, all of your info is good and correct but there are some gray edges.
Hi Larry, you are absolutely right. There are plenty of gray areas here…..and I don’t propose to know the law in and out. I am finding however, some of my students believe if it’s an image online it’s fair game for them to use. I’ve even known one student to clone out the “GETTY IMAGES” copyright across the front of the image in order to use it! My post is a simplified version of the law, no doubt.
It is a confusing topic and thanks for this info. My question: if you take a photograph of a piece of art in a public museum, can you use it if you give credit to the artist?
Hi Barb, I’m not a copyright lawyer so you’d want to check with someone who knows the law better. I do know however, that in my work I want it to all come from me. I don’t want to make a derivative of someone else’s work.
As my life before photography involved intellectual property, I am very aware of this situation. I am a photographer but have taken classes in photography encaustic, paper and paint collage, mixed media, painting, and mixed media encaustic, etc. No other medium that I have studied is more aware of copyright infringement than photography. Even giving due notice does not stop people from stealing images on the web. Policing our images would take more time away from us making our images – but there is always karma.
Yes Sandy, those trained in photography seem to be very aware of this…..and to be honest they want to use their own images. I find it’s much more prevalent with those who are not photographers but still want to play with photo encaustic. It’s definitely a hard one to police. For my part, I’m incorporating it in my classes now. And yes, there is always karma:)
Clare, thanks so much for the reference to my work – I am thrilled that you have that piece in your collection! And thrilled also that you’re sharing great info about a critical topic. Intellectual property is a slippery slope, kinda like nailing jello to a wall, but you advice about taking your photos yourself is brilliant on every level! You’ve set the bar for digital images and encaustic, and your works are just the best because they are yours, both in subject and in process.
Thanks Lyn. I’m thrilled to have Pin Boy in my collection as well:)
I’m glad you addressed this. As a photographer, I always use my own photos in my mixed media pieces–why do anything else? Even non-photographers can certainly take their own images for use with encaustic. Easy-to-use editing tools are available and most people have inkjet printers.
Thanks Donna. I agree.