Understanding Copyright as an Artist

Hi everyone!

Today I want to share a few thoughts and observations based on my own experience as an illustrator. This isn't legal advice — just the kind of practical know-how I’ve gathered through years of creating, researching, and trying to figure things out as I go. I hope it helps you navigate the world of references, copyright, and creative respect with a little more clarity and confidence.

1. What Is Copyright?

Copyright is a law that protects original creative works: illustrations, photos, videos, writing, and more. The moment you create something original, it's protected automatically – you don't need to register it. This protection lasts a lifetime and often continues after the creator's death.

But here’s the catch: your work must be original. That means not directly copying or tracing someone else’s art or photo.

2. Why It Matters

I think the biggest reason to take copyright seriously isn’t just about the law — it's about integrity. Using someone else’s work without credit or permission can damage trust, and in the art world, your reputation is everything.

Of course, there are also legal risks. If you’re selling artwork that includes copyrighted material, you could be asked to take it down or even face legal action. But for me, it’s mostly about staying honest and respectful.

3. Private vs Commercial Use

There’s a huge difference between drawing from a photo in your sketchbook for learning purposes, and using that same reference in a paid commission, a product, or a course.

Personally, I use a lot of references in private sketches. It helps me study structure, anatomy, and poses. But when it comes to work I sell — I always check the source and make sure it’s safe. When in doubt: credit the author, or even better — ask for permission.

4. Where to Find Safe References

Here are places you can find or create your own reference photos:

a) Public Domain & Free Use Sites

Use with caution, and always read the license for each photo:

- Pixabay

- Pexels

- Unsplash

b) Artist-Focused Resources

• AdorkaStock – Poses for drawing practice

• Set Pose
  

c) Google & Pinterest

They’re convenient — but risky. I sometimes use them for inspiration, but never for commercial work. And if I do share a study, I try to find and credit the original photographer. (More than once, people online helped me track them down!)

5. What About Fanart or Celebrities?

Fanart exists in a bit of a gray zone. Technically, characters like Spider-Man, Disney princesses or anime icons are copyrighted. The same goes for portraits of famous people — their likeness is protected too.

But here's the reality: many small artists draw fanart. Some even sell it. Most of them don’t get in trouble — especially if they’re working on a small scale and clearly label their work as “fanart.” Problems usually come when someone mass-produces or sells high-visibility products without a license.

Creating your own fanart interpretation — especially in your unique style — actually gives you some rights too. While you don’t own the character itself, your specific drawing is considered your intellectual property. That means others can’t reuse, resell, or repost it without permission.

Still: using fanart commercially is a legal risk. If you want to stay safe, avoid selling it and treat it as personal or portfolio work. Or at least do your research — some studios are more relaxed than others!

To stay on the safe side:

- Avoid mass-producing or selling fanart without permission

- Clearly label the work as *fanart*

- Research or credit the original IP

6. Creating Your Own References

This is probably my favorite solution: just make your own.

• Take photos: I often use my phone to snap reference poses, especially if I need something specific. I even ask friends or family to help — once, I posed with my sister for a book cover idea.

• Make collages: I often merge several reference photos into one — like building a character from multiple sources.

• Use apps: There are tools that change faces, lighting, or age — great for pushing realism into fantasy.

• Draw from imagination: The more you draw, the more you naturally modify references in your head. I might keep the angle, but completely change the hair or expression.

• Mix multiple refs: Using 3–5 different sources at once helps create something entirely your own, and keeps you safe.

Final Thoughts

Respecting copyright isn’t about fear. It’s about professionalism and empathy. Photographers and artists put effort into their work just like we do. Giving credit, asking permission, or creating original content is always the best route.

Let me know your experiences! Do you have favorite resources or tips? Feel free to share them – and if this post helped you, I’d love to hear that too.

Stay inspired,

Gaby