Original... Or Not?
Diane Radtke ©2007
CPSA Detroit #104 President
Recently there has been some questioning of source material and accusations of copying at both the national and chapter levels. To help clear the air, I will address this issue and attempt to clarify exactly what is considered “original” work. In addition, the advent of the “free sites” on the Internet makes this a pressing problem for art organizations at all levels.
Kay Schmidt, President of CPSA, sent me the wording from the upcoming 2008 16th Annual International Exhibition Prospectus.
It is:
"Concept, design and execution of the artwork shall be solely that of the artist. No work copied from copyrighted or published materials."
In addition, CPSA also advises “No images produced by drawing over a digital reproduction allowed. No prints. No collaborations.” What does that mean for artists searching for source material for their work? It means that all artists should strive for true creation of subject matter. No other sources should be used except as reference material only.
Which brings us to the questions really needing answers: What are reference photos? How much of a reference photo can be used in a painting? Where can I find good reference photos?
The “Introduction” in Gary Greene's Artist's Photo Reference Landscapes puts it quite succinctly: “You may freely use these photographs as references, as long as you don't exactly replicate the photographs and attempt to publicly exhibit or sell them as original artwork.” In his book Artist's Photo Reference Flowers, Greene says, “When using the photographs, avoid copying. Create your own composition by studying various elements of the flower you want to paint, and then create an arrangement as either a main subject or as an element in a still life, landscape or whatever.”
Bart Rulon in Artist's Photo Reference: Songbirds & Other Favorite Birds states, “Use the reference photos in this book to enhance your artwork…Try not to copy the photographs in this book exactly, especially if you exhibit your work publicly or sell your work…take parts of the photographs to enhance your work. Add things, take things out and use the photographs to help build your own vision.”
“Original” means “created,, undertaken, or presented for the first time” according to Webster. As the prospectus puts it "Concept, design and execution of the artwork” must be that of the artist and no other sources. Over the years many remarks have been made about the use of reference material from using a specific percentage to just changing one or two things to make it acceptable. These are all untrue. According to Vera Curnow (To the Point, Volume 16, No. 1), “The legal test of infringement is 'substantial similarity' - which roughly translates into whether an ordinary observer would recognize a work as copied in whole or in part from an earlier one.”
So what happens if you do use another source, even if you have permission? Sometimes, nothing happens. But…sometimes someone else uses the same source material and submits it to the same show. In CPSA, according to Vera's aforementioned article, “the art is removed from the exhibition, web site, and To The Point; the award, if any, is rescinded - in title and monetary value, and the artist loses their eligibility for Signature Status with that entry.”
Here are some suggestions regarding artwork to be submitted to exhibits:
- Always use your own sources; don't use photos others have taken whether they're free or not.
- Be prepared to show your source material. International Artist magazine lists in their monthly challenge, “No copies from other artists or from published material will be allowed. Source material must be available on request. No supervised material will be allowed."
- All artists at all levels must never use another's work/photo as their own. It violates the “original” in most prospectuses.
- Read your prospectus thoroughly and be prepared to defend your entries.
- If you must use reference photos, use several photos and create your own composition.
- Never, never let your artwork look like your reference photo/s.
In closing, Vera Curnow also advises that the next issue of To the Point will include articles on the copyright issue and a sample of using references. In the meantime, if you have any questions, please email them to me at
. I'll keep you updated as more information becomes available.
