Reference pictures or violation of law? (2024)

FAQs

Reference pictures or violation of law? ›

If you're drawing for your own benefit/development, then anything is fair game really, and you're very unlikely to face consequences, especially if you make it clear where you've sourced photos from and what you're trying to do with them; though if you're doing something that's likely to be for commercial use or sale, ...

Look for photos licensed under a Creative Commons license that allows you to use the image for your intended purpose, such as CC BY (Attribution) or CC BY-SA (Attribution-ShareAlike). Always follow the terms of the license and provide proper attribution.

The photo must contain a false statement since truth is a defense to a defamation suit. Additionally, if a photo is modified in an “absurd” way, this may warrant a defamation suit.

That photograph is copyrighted to the photographer who took it. Unless you are using a photo that states it is in the public domain, you are using someone else's work. They took the photo, it is theirs, not yours. Now, if you just want to use the photo for practice, or learning, then copyright does allow for fair use.

You could bring a lawsuit by accusing the defendant of an invasion of privacy by appropriation of your likeness, a process known as right to publicity. This law allows you to control and profit from the commercial use of your image, name and persona or your identity.

When an artist uses a photograph for reference, the painting or artwork is called a derivative work. While the artist can maintain some ownership over their own work, they first need permission from the original photographer to use the photo for reference.

If the material is in the public domain, you are free to use it however you wish, without permission. (But remember to cite your sources!) Check if the material is covered by a Creative Commons (CC) license.

Unless the content is in the public domain, someone who posts it without permission and/or attribution may be liable for copyright infringement. People also get in trouble for posting illegal p*rnography, including revenge p*rn.

The new law, Section 188 of the Online Safety Act 2023, introduces an offence into the existing Sexual Offences Act 2003, meaning that it is now illegal to share intimate photographs or films without consent.

Specifically, a Plaintiff must show that a false statement was made about them, that it was published to a third party, and that the statement caused damage to the plaintiff. To prevail on a defamation claim, the plaintiff must also show that the statement by the Defendant was not privileged.

Can I use images if I reference them? ›

To minimise risk, use the smallest part of the image possible and acknowledge the source. If the work has copyright symbols or credits attached, it could be considered a work in its own right, in which case you should seek permission from the rights holder. Always seek permission for photographs.

You definitely need to cite and reference a photograph that is a source of information, for example: a photograph of archive material, a photo of a poster, or a photograph of work of art in a museum or gallery which you are referring to in your work.

If you plan to use photographs, videos, drawings, or other images that you did not create, you need to be sure to avoid copyright infringement claims. In most cases, you will need to obtain permission from the person holding the rights to the image. This includes images found online.

An action for defamation may be based on a picture that's presented in a false context and conveys a false statement purporting to be fact. The plaintiff must prove that the picture is of them or intended to be of them or an entity they own (such as a business). Defamation suits are difficult to win.

Misappropriation of likeness is similar to the violation of the right of publicity. It involves using your image without your permission to gain an advantage, although in this case, it may not necessarily be commercial.

Obtain Permission or Licenses: Obtain permission or licenses to use prints legally and ethically. This may involve contacting the creator directly, using images from free-to-use sources with appropriate licenses, or purchasing licenses from stock photo sites.

Use photos as a reference - not other artwork

My number one rule when gathering reference images is to use photos, not other artwork. Using another artist's work as inspiration can lead to copying even when you don't intend to. You'll come up with a more unique concept by building a mood board of photo inspiration.

That means if you are using an author's exact phrasing or sequence of words to express an idea, then you need permission to cite more than what can be considered “fair use.” According to the fair-use rule, authors may make limited use of others' material without permission.