Photo copyright isn’t the most thrilling topic in the art world—but it’s one of the most important.
As a photographer, my creative process begins with my own images. The wax, pigments, and techniques transform the photograph, but the foundation is uniquely mine. That’s why I refuse to work with images I didn’t personally take—even if someone gives me full permission.
For me, the story starts with my vision.
But this is where many students get confused, particularly those who don’t consider themselves photographers. They assume that if an image appears online, it’s free to use.
It’s not.
Under the Federal Copyright Act of 1976, a photograph is protected the moment it is created.
No watermark, logo, or © symbol is required. Unless you have explicit permission from the photographer, you cannot:
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Copy or download the image
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Use it on social media
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Display it publicly
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Create derivative works (including photo encaustics)
If you want a picture of ocean ripples, a foggy forest, a rusted hinge, or a horse’s silhouette, you must go shoot it yourself. Even if it seems like a simple photo you could have taken—if you didn’t take it, you can’t use it.
There is an alternative though. There are copyright-free images available. There are wonderful collections online, and they’re perfectly legal to use. I even own an encaustic piece by Lyn Belisle that incorporates an image from Ellis Island that was copyright free.
However, here’s where many artists get into trouble…
You use an image you didn’t shoot, assuming no one will know.
Then you love the final piece.
You post it. Share it. Promote it.
People see it. Compliment it. Ask about your process.
And suddenly you’ve publicly displayed a piece built on copyright infringement.
Not a great feeling—and not worth the risk.
If you want to create art you can proudly share, sell, and display, use photographs you take yourself or images that are verified as copyright-free.
Your art should be yours—from start to finish.
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.