Home › Forums › The Art Business Center › General Art Business › Legal Corner › can I really use public domain images?
- This topic has 6 replies, 6 voices, and was last updated 9 years, 9 months ago by musicoutreach.
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April 28, 2014 at 7:11 pm #991822
Hi there!
Can use public domain images as references for my paintings? I still want to have an option of further commercial use of my art works in the future if I decide to.
I found a few websites with public domain images, e.g.
http://pixabay.com/or
https://publicdomainpictures.net
they claim that they have images that are in public domain. Can I use them for real?
Thank you
MApril 28, 2014 at 7:53 pm #1204263I would be careful using images from sites like Pixabay. Just because someone posts them there, it doesn’t mean they are theirs. The person who posted them could have grabbed them from another website and posted them as their own. I did a reverse image search for a photo of light trails from passing cars Pixabay has on the front page and it comes up with another photographers name, he is selling prints, and on flicker he has it marked as copyrighted.
April 28, 2014 at 8:11 pm #1204259The short answer – YES. Public domain pictures may be used for any purpose, even commercial. It is important to check that the photo you want to use is indeed in the public domain. The wallpaper sites are notorious for grabbing anything that looks good and claiming it to be in the public domain. A reverse image search through Google will usually turn up the original source.
Website: Mark Karvon Art Studios
Blog: Mark Karvon Studios
Facebook: Mark Karvon StudiosApril 29, 2014 at 9:09 am #1204261Thank you!
What about some heros like Spider-man or Cinderella? There are old cartoons with them which are in public domain, but there are also new ones which are not. So if I draw spiderman based on the old public domain cartoons, would it be Ok?April 29, 2014 at 9:35 am #1204260Spiderman, at least the Marvel omits version is certainly NOT, public domain. The character and distinctive likeness thereof are trademarks of Marvel Comics.
The Disney versions of all those fairy tale princesses are also copyright and trademarked by Disney.
I don’t believe there are any Spider-Man cartoons in the public domain. The character first appeared in print in 1962 and so is well within copyright.
Yes, this means Roy Lichtenstein probably could have been sued successfully for copyright violation for his famous Pop Art paintings.
"Let the paint be paint" --John Marin
April 30, 2014 at 10:16 pm #1204262There are a lot of myths about public domain. In general the sites mentioned are unreliable. Some sites ‘scrape’ content from the web and claim all sorts of things they have no right to. other sites get members to upload images, equally misleading.
Public Domain Sherpa is a good place to start, to learn how to find and use true public domain material. Be sure to read their 10 myths about public domain. http://www.publicdomainsherpa.com/index.html
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July 25, 2014 at 9:22 am #1204258Spiderman, at least the Marvel omits version is certainly NOT, public domain. The character and distinctive likeness thereof are trademarks of Marvel Comics.
The Disney versions of all those fairy tale princesses are also copyright and trademarked by Disney.
I don’t believe there are any Spider-Man cartoons in the public domain. The character first appeared in print in 1962 and so is well within copyright.
This is sort of a weird and complicated subject. Similar to the example above, but to a very different outcome, the old Max Fleischer Superman cartoons have famously fallen into public domain and can be copied and used/reused any way anyone sees fit. However the Superman likeness and logo are still very much protected trademarks owned by DC Comics and/or their assignees.
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