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Some advice on copyright free images, please
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Message
Posted
Most of my pictures are based on photographs.
I like to draw and paint wildlife, especially big cats. The nearest zoo is a long way from where I live, and I don't have a decent camera anyway. So I tend to depend heavily on free image sites like Pixabay, Flickr, Umsplash etc.
As I understand it Public Domain photos are completely free to use by artists for a variety of reasons , including copying in paint, pastels etc. I believe that such copies can even be sold without a licence. I would be grateful if someone could confirm this to be the case.
The situation seems to be less clear with Creative Commons images. They may require attribution, and they may have restriction on any artwork based on the images for sales purposes.
I am a an amateur painter and not looking to start a business. I paint for pleasure and most of my stuff ends up on my walls or on the walls of family members or friends. I paint for pleasure. However good art materials are expensive and if from time to time I could sell one or two of my pictures, the funds would help me to replace some of my materials when they run out.
The Pixabay image provider has its own content licence for so called free images. I assume these are creative commons rather than public domain because there are restrictions on use. The one that I am not sure about is the one stating that I cannot sell or distribute Content (either in digital or physical form) on a Standalone basis. Standalone means where no creative effort has been applied to the Content and it remains in substantially the same form as it exists on our website.
If I tried to reproduce (as far as was able) a realistic representation in paint or any other medium of a photograph, and then advertise it for sale, I assume this would not count as a standalone image, since, however good a representation it might be, it would not be identical to the original photo. I am assuming that a standalone image of the original photo would be in effect a photocopy of it. Would I be correct?
Sorry to have been so long winded, but I would be very grateful if anybody could advise me how not to run foul of the law when it comes to selling.
Edited
by Keith Melling
Posted
Don't often call in these days so only just seen this thread. Copyright of photographs, just like paintings, always lies with the photographer unless he has sold this right or declared it copyright free. To use a photograph (unless decpared copyright free) is strictly a breach of the copyright. However it would be hard in most cases to ever prove you have used a specific photograph in the first place UNLESS there is a non-repeatable image included in the photograph which you have slavishly copied making it obvious that the photograph was your source. By a non-repeatable image I mean, for example, a group of people wearing identifiable clothing and with distinct postures. Hope this helps.
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Posted
Thanka Alan - sadly I'm not doing much in watercolours these days - I was painting them mainly as commissions and got to the stage where I felt I was on a conveyor belt and the fun went out of it. I took a bit of a rest following the loss of my lovely wife and am now getting back into things trying out all kinds of alternatives without any pressure to please and its been liberating. Also I am now approaching my mid mid eighties and have a health issue which is somewhat limiting (been for a bronchoscopy only today) so have also cut down on demos and workshops although I am still the chair of Market Harborough Art club and just had an open studio this last weekend so I've not entirely abandoned things. I'll post a few of my current output over the next week or so but its interesting that most non-arty types seem to prefer the chocolate box approach which is a sad reflection of todays education.
I am currently into small works like my wonky animals, cartoons for the local mag, monoprints, paper clay pottery, geometric abstracts, acrylic ink abstracts, and I could go on.
And now I've gabbled on far longer than I intended so please forgive me.
Edited
by Michael Edwards
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