One of the bigger challenges you’ll face as an artist, when trying to appeal to a broad audience, is that people like things that are recognizable. This means you may want to use popular characters, recognizable images, and subjects with broad appeal when making things you want to sell. If you’re creating something in the public domain (like Van Gogh or Botticelli), you’re usually fine. But if it’s a copyrighted character (like a Pokémon or Marvel hero) it’s typically still protected. 

Over the course of our years creating artwork these are some of the common pitfalls and challenges we’ve encountered.  Bear in mind that we are not lawyers and you could seek the council of a professional legal expert before making any assumptions about something being fair use.

  1. Licensing. Often times, as an artist, you can use pictures, templates, and reference images that are permitted via copyright. This can be because you either purchased a license to use it or because it is licensed under a Creative Commons license.  If you are granted a license to use a particular asset make sure you carefully read the fine print to understand the limits. It may be fair to use for ‘fan art’ or personal use but it may be restricted if you choose to use it for commercial purposes. Say, for instance, if you want to sell prints or stickers.
  2. Artistic Use. Often times, if a piece is “significantly transformed” it is permissible to be used by an artist as part of their own creation. This can be using magazine clippings in a collage, . using an existing work but contrasted against a modern setting, or by adding new meaning to the piece. There is not hard and fast rule about what is “significantly transformed” and it would be up to a court of law to decide but you should ask yourself some question. Would the average viewer perceive your work as something different than the original piece. Granted, even if it is covered under artistic use you may still receive a cease and desist letter from the copyright owners so be prepared. Again, consult a lawyer if you think you are in the right and they can give you the proper guidance as to how to proceed.
  3. AI Generated art. This is a bit tricky. AI Generated art, itself, may not be copyrighted but the work that it is based off of may be. Companies such as OpenAI, Microsoft, and Google are still working out the logistics of the attribution models to make sure that artists are compensated so, currently, the best thing to do is to refer to the terms and agreements of the AI software itself.  It should tell you if it is fair use.

Lastly, make sure you are crediting the original artists. They have worked hard, just as you have, to create their beautiful work. Make sure that people know who the original artists are that are used in your pieces just as you would want others to do the same for you.  The golden rule.  What have been some of your copyright success stories and woes. Share them with us @bz_furfur and, as always, stay unique.