Copying Someone's Art: Don't Do It! by Diana Moses Botkin

(This is an abbreviated version of a longer article. You can read the whole piece at my blog.)

All the artists I know work very hard. We labor day after day and often night after night to create original work. This is our livelihood, our legacy, and much more. Our efforts are also our property. Intellectual property rights (copyright) belong to the author (creator) of the work unless sold or expired.

I tell my students (and anyone else who will listen) to do their own work. Don't copy. Use your own photo references unless you have permission to use someone else's. Don't work from someone else's painting, whether from direct observation or from memory.

Nowadays, there is so much beautiful art to see online. It is tempting for folks to copy someone else's work. Don't do it.

Copying another artist's painting or sculpture, even if it is changed somewhat, does not constitute an original work. The copy is actually a derivative work. Copyright law gives only the original author/copyright owner the right to make copies and derivative works, or grant permission for others to do so.

So unless you have permission to copy, don't do it. That goes for images (also writing) you find online, articles you read in magazines, books, advertisements, etc.

Students who don't know any better and even artists who should know better mistakenly believe that if they change it a little, it's somehow an original work. It isn't. Chances are, if your piece looks a lot like someone else's art, it's a derivative work, and it's copyright infringement.

Just last week I explained about derivative work to a student and she responded, "Wow it's like stealing."

Yes, it is like stealing because it IS stealing.

Copyright notice (such as I usually post on my paintings you see here and at my blog) reminds viewers that the work is not up for grabs. I own the rights. However, copyright notice is not required by law. If an image does not have the copyright notice posted, it is likely still a copyrighted image. So don't copy it.

Artists work very hard to create original and outstanding work. We should be asked for permission if someone wants to use it, and yes, paid for it. And yes, legally, as copyright owner I have the exclusive right to reproduce or grant others a right to do so.