Thank you for your advice. Could you please let me know if it is possible to use a famous artist's image as your profile pic on an Instagram account and also on posts?
Hi Lisa, it is not ok to use other people’s image as your own on social media, especially if you intent to make money using this account (like ads and shout outs). Unless the person who created this image has passed away 50 years ago worldwide or longer (70 years in Europe). This image you are using is painted by an artist (like a famous self-portrait) or taken by a photographer - they put in the work to create such image, and this is a copyrighted content.
However, most of the time people can get away with using other people’s images on their social media. As long as you don’t make money from it, most likely the original copyright holder would not do anything. There are too many people out there doing it, and it’s hard to be stopped. Plus, it could be beneficial for them too (eg. using a famous illustrator’s image actually help this artist promote his/her new movie).
If you really want to use a certain image, I would recommend doing something creative modifications - for example, you paint a new picture following the original work, adding your own features. You create something new, something different. It’s more original and more recognizable for your followers on Instagram.
This was extremely helpful, I have been waiting to find a video that is so clear about this. One question please if I may. I create TH-cam art tutorial videos sometimes sharing techniques & style of other artists along with facts about their lives. I have photographs I've taken of their artwork myself at various galleries. Would using my own photos of their artwork (e.g Picasso's paintings) be a copyright infringement? thanks in advance. Although my videos are in a sense educational as they're showing ways of making art using various techniques, they my be monetized in the near future. Would I need to not monetize any videos where I share inspired content/techniques/style or my own photos of other artist's work?
Hey, thanks for your message! There is a good way to use a famous artist work: to use an artist who had passed away for over 50 years or 70 years. Well, the restrictions are slightly different depending on the region and date of creation. But the overall rule is, once the artist has passed away for long enough, his art becomes the heritage of mankind. If you want to use Picasso’s work, you could. If I am not wrong, the majority of his work has passed the protection time and became the heritage of mankind. But when it comes to other works, you could also use and mention, without the intentions of making money directly out of the artworks. Making tutorials could be educational and fair use.
Can you please answer me a question I have got inspiration from another artist online I have created my own art in a similar fashion not a copy!! now she’s telling me I’ve plagiarised her work and I can’t sell it what are my rights ???
Can you get 10 people (random people, like university students, users of an art forum etc) to look at your work and her work side by side? Of course don’t show the names, just the work. If more than 7 people think the two works are not copies, you are on the safe side.
@@VeryPrivateGallery I am on TikTok I have had a 10 ish ppl compare our two works and they all think you can see the inspiration but they are not copies or identical in anyway yes they are both red watercolour poppies only so many ways to paint a red poppy tho
Hey!! This was really informative Just one question, if an NGO or non profit organisation uses an artist's work in their campaign ( in order to creatively convey their message to the public) will that count as fair use?
And usually not for profit organizations charge 15% on the donation they receive. So actually they make money. But they need to reinvest their money into their projects.
I went to an art exhibition and vlogged it. I filmed some of the artwork and talked about it (not a critique tho, more like a walk-around and talking about it). Is it okay to upload this on youtube? Also, is it okay to monetize it?
I am currently trying to build a Tattoo Technique Educational channel on social media. I want to feature some of the pros and their techniques they use in some of their videos, but I am worried I can get in trouble or end up in some legal issue. I would be looking for these videos personally anyways to develop my own personal skill with tattooing, so I figured I might as well make a Channel to make it convenient for others to watch the videos I am watching. Do you think this is a bad idea to follow through with?
So would you say that 'appropriating' in artwork is just like 'sampling' in music? (Ex. I appropriated the famous great wave off kanagwana painting by hokusai only using the wave from original painting and incorporating it into my version. My version is a composition of the titanic ship sinking in background while the wave consumes all the lifeboats, passengers, furniture, etc. Within foreground.) I'd love to show you my version and hokusais original side by side so you'd get a better visual of what i mean. Do you have an email?
Wise Artist Yes you can write to us at Very Private Gallery at Gmail dot com. You can incorporate other artists elements in your work as long as your work is original instead of merely a remake of other people’s images. Also depending in your country of residence, you might have different laws and regulations because copyright law is not one standard across the world.
@@VeryPrivateGallery thanks for your timely comment right back 🖒 i just went ahead and sent you the email too. Yea, I think I'm pretty good at creating parody/appropriated based artwork as well that idk if it's something I should continue doing it as a thing in my art career aside from creating 100% original content. Without breaching any copyrighted rule of course..
How does it work if you make fan art? For example: if I made a portrait of you in an artistic style tagged you and posted it on my page but the photograph is based on a photo you took of yourself and posted on your instagram page, …Is this fair use?
Hi Javier, that’s not exactly fair use. Your action involves two rights: the copyright of the photographer who took this photo, and the portrait rights of the person in this photo. Let’s say it’s a selfie of mine, to make it less complicated. If your drawings are for personal practice only (not for sale or for ads money let’s say), I might not say anything about it - thus it’s okay. If I protest and say “you can’t use my photograph” then you will have to remove it from social media...
Hello. I am from India. I loved the video that was informative. I have a question. I am into art. I have a art related Instagram account where i post my sketches over there. From time to time I do sketches of realistic eye, animal sketches like tiger, wolf based on the tutorials on youtube and then i add other structures to it from other pictures. I don't earn money from it and i intend to not to. Can I post the pictures of those sketches on Instagram?
Hi Kavya, I think you are quite safe making and sharing art on social media. First of all, you are not intending to make money from it (at least not directly). Secondly, you add your own flare or mix different elements to make your own art. Lastly, the videos you learn from are TH-camrs who are expecting people to copy. They won't be pursuing legal actions, especially if you mention them on your social media post. Overall, it's a very safe practice!
@@VeryPrivateGallery hey I have a similar question. Is it okay to post paintings based on photos. When there is no intention of earning from it or selling those paintings ?
@@iris-fx3fq Hi Iris, where do you plan to post the work and sell the work? Technically you are not allowed to publish/sell it for profit but it depends, there are some exceptions. For example, if you make one copy only, in most countries it is ok. If you show in a school exhibition it is ok.
Hi there! Thanks a lot for the info, and like everyone here, I too have a question XD I write poetry, and I have a ig account for that end, I post my poems there. Thing is, all my posts have an art background - most of the time a painting - somewhat related to my poem. I do this just to add an aesthetic effect to the poem and visually emphisize its message. Is this fair use? Should I start adding the author of whatever paiting I'm using for a background (and for that matter, adding that to all the poems I previously posted)?
Hi Gaston, do you plan to make money with your writing? If so, it’s best to purchase some Getty images kind of royalty free photos. Otherwise, you can put the credits in case caption/description, to show respects to the original copyright holder.
SmileyFace Depending on which country, copyright laws are different. I worked in IPR for 3 years after studying European law, but every country in the EU is also different. Where are you based? Which kind of works you intend to use? Maybe I can give you more resources depending on your situation.
SmileyFace TH-cam has its own policy. If you want to use other people’s images or videos, you might get away without any issues if you act fast when someone claims/reports you. Once you unlist the video, the issue resolves.
Thank you for your advice. Could you please let me know if it is possible to use a famous artist's image as your profile pic on an Instagram account and also on posts?
Hi Lisa, it is not ok to use other people’s image as your own on social media, especially if you intent to make money using this account (like ads and shout outs). Unless the person who created this image has passed away 50 years ago worldwide or longer (70 years in Europe). This image you are using is painted by an artist (like a famous self-portrait) or taken by a photographer - they put in the work to create such image, and this is a copyrighted content.
However, most of the time people can get away with using other people’s images on their social media. As long as you don’t make money from it, most likely the original copyright holder would not do anything. There are too many people out there doing it, and it’s hard to be stopped. Plus, it could be beneficial for them too (eg. using a famous illustrator’s image actually help this artist promote his/her new movie).
If you really want to use a certain image, I would recommend doing something creative modifications - for example, you paint a new picture following the original work, adding your own features. You create something new, something different. It’s more original and more recognizable for your followers on Instagram.
This was extremely helpful, I have been waiting to find a video that is so clear about this. One question please if I may. I create TH-cam art tutorial videos sometimes sharing techniques & style of other artists along with facts about their lives. I have photographs I've taken of their artwork myself at various galleries. Would using my own photos of their artwork (e.g Picasso's paintings) be a copyright infringement? thanks in advance. Although my videos are in a sense educational as they're showing ways of making art using various techniques, they my be monetized in the near future. Would I need to not monetize any videos where I share inspired content/techniques/style or my own photos of other artist's work?
Hey, thanks for your message! There is a good way to use a famous artist work: to use an artist who had passed away for over 50 years or 70 years. Well, the restrictions are slightly different depending on the region and date of creation. But the overall rule is, once the artist has passed away for long enough, his art becomes the heritage of mankind. If you want to use Picasso’s work, you could. If I am not wrong, the majority of his work has passed the protection time and became the heritage of mankind.
But when it comes to other works, you could also use and mention, without the intentions of making money directly out of the artworks. Making tutorials could be educational and fair use.
Can you please answer me a question I have got inspiration from another artist online I have created my own art in a similar fashion not a copy!! now she’s telling me I’ve plagiarised her work and I can’t sell it what are my rights ???
Can you get 10 people (random people, like university students, users of an art forum etc) to look at your work and her work side by side? Of course don’t show the names, just the work. If more than 7 people think the two works are not copies, you are on the safe side.
@@VeryPrivateGallery I am on TikTok I have had a 10 ish ppl compare our two works and they all think you can see the inspiration but they are not copies or identical in anyway yes they are both red watercolour poppies only so many ways to paint a red poppy tho
Hey!! This was really informative
Just one question, if an NGO or non profit organisation uses an artist's work in their campaign ( in order to creatively convey their message to the public) will that count as fair use?
👋 Hi, NGOs are not exception, they need to follow the same copyright rules.
And usually not for profit organizations charge 15% on the donation they receive. So actually they make money. But they need to reinvest their money into their projects.
I went to an art exhibition and vlogged it. I filmed some of the artwork and talked about it (not a critique tho, more like a walk-around and talking about it). Is it okay to upload this on youtube? Also, is it okay to monetize it?
I am currently trying to build a Tattoo Technique Educational channel on social media. I want to feature some of the pros and their techniques they use in some of their videos, but I am worried I can get in trouble or end up in some legal issue. I would be looking for these videos personally anyways to develop my own personal skill with tattooing, so I figured I might as well make a Channel to make it convenient for others to watch the videos I am watching. Do you think this is a bad idea to follow through with?
Sounds good
I make video edits and one of my movie edits got copyrighted
So would you say that 'appropriating' in artwork is just like 'sampling' in music? (Ex. I appropriated the famous great wave off kanagwana painting by hokusai only using the wave from original painting and incorporating it into my version. My version is a composition of the titanic ship sinking in background while the wave consumes all the lifeboats, passengers, furniture, etc. Within foreground.) I'd love to show you my version and hokusais original side by side so you'd get a better visual of what i mean. Do you have an email?
Wise Artist Yes you can write to us at Very Private Gallery at Gmail dot com. You can incorporate other artists elements in your work as long as your work is original instead of merely a remake of other people’s images. Also depending in your country of residence, you might have different laws and regulations because copyright law is not one standard across the world.
@@VeryPrivateGallery thanks for your timely comment right back 🖒 i just went ahead and sent you the email too. Yea, I think I'm pretty good at creating parody/appropriated based artwork as well that idk if it's something I should continue doing it as a thing in my art career aside from creating 100% original content. Without breaching any copyrighted rule of course..
How does it work if you make fan art? For example: if I made a portrait of you in an artistic style tagged you and posted it on my page but the photograph is based on a photo you took of yourself and posted on your instagram page, …Is this fair use?
Hi Javier, that’s not exactly fair use. Your action involves two rights: the copyright of the photographer who took this photo, and the portrait rights of the person in this photo. Let’s say it’s a selfie of mine, to make it less complicated. If your drawings are for personal practice only (not for sale or for ads money let’s say), I might not say anything about it - thus it’s okay. If I protest and say “you can’t use my photograph” then you will have to remove it from social media...
@@VeryPrivateGallery thank you!
Hello. I am from India. I loved the video that was informative. I have a question. I am into art. I have a art related Instagram account where i post my sketches over there. From time to time I do sketches of realistic eye, animal sketches like tiger, wolf based on the tutorials on youtube and then i add other structures to it from other pictures. I don't earn money from it and i intend to not to. Can I post the pictures of those sketches on Instagram?
Hi Kavya, I think you are quite safe making and sharing art on social media. First of all, you are not intending to make money from it (at least not directly). Secondly, you add your own flare or mix different elements to make your own art. Lastly, the videos you learn from are TH-camrs who are expecting people to copy. They won't be pursuing legal actions, especially if you mention them on your social media post. Overall, it's a very safe practice!
@@VeryPrivateGallery Thank you so much for your answer and lightning response. I really appreciate it.
@@VeryPrivateGallery hey I have a similar question. Is it okay to post paintings based on photos. When there is no intention of earning from it or selling those paintings ?
@@iris-fx3fq Hi Iris, where do you plan to post the work and sell the work? Technically you are not allowed to publish/sell it for profit but it depends, there are some exceptions. For example, if you make one copy only, in most countries it is ok. If you show in a school exhibition it is ok.
@@VeryPrivateGallery hey thanks for answering. I don't intend to sell it. But is it okay if I post it on any social media?
Hi there! Thanks a lot for the info, and like everyone here, I too have a question XD I write poetry, and I have a ig account for that end, I post my poems there. Thing is, all my posts have an art background - most of the time a painting - somewhat related to my poem. I do this just to add an aesthetic effect to the poem and visually emphisize its message. Is this fair use? Should I start adding the author of whatever paiting I'm using for a background (and for that matter, adding that to all the poems I previously posted)?
Hi Gaston, do you plan to make money with your writing? If so, it’s best to purchase some Getty images kind of royalty free photos. Otherwise, you can put the credits in case caption/description, to show respects to the original copyright holder.
so it means it is okay to put up the whole artworks and criticize about them on youtube? it will be fairly used ? >0
Great video thanks!
Could you give the source for this information please?
SmileyFace Depending on which country, copyright laws are different. I worked in IPR for 3 years after studying European law, but every country in the EU is also different. Where are you based? Which kind of works you intend to use? Maybe I can give you more resources depending on your situation.
@@VeryPrivateGallery oh ok :) thank you for your reply. I'm from Israel, intend to use images from the web in future TH-cam videos
SmileyFace TH-cam has its own policy. If you want to use other people’s images or videos, you might get away without any issues if you act fast when someone claims/reports you. Once you unlist the video, the issue resolves.