Before you trace that image: choosing references for artwork you want to sell
I saw an ad that made me stop scrolling. It showed someone searching Google for a shoe, bringing the image into their drawing app and tracing it.
If you’re learning to draw, I can see why that looks helpful. Getting the shape right can be difficult, whether you’re drawing digital stickers or creating Procreate stamps. But there was something missing from what I saw: where had the image come from, and did they have permission to use it that way?
That matters, particularly if the drawing is going to become something you sell.
Finding an image isn’t the same as having permission
Google and Pinterest can help you discover images. Appearing in those search results doesn’t make an image free to copy.
The photograph may belong to a photographer, or the illustration to another artist. Before using it as the basis for your own product, follow it back to its original source and check the permissions.
Tracing can count as copying. Deleting the photograph from your canvas afterwards doesn’t change how the drawing was made.
This applies whether your finished product is a sticker pack, a collection of Affinity Designer assets or something printed on a card. The format you sell it in doesn’t remove the question about the original image.
A photograph of a shoe can involve more than one set of rights
Think about Nike trainers or Converse shoes. Some have a look you recognise immediately, even before you’ve read the brand name.
There can be separate rights involved in the photograph and in what it shows. A licence allowing you to use a photo doesn’t necessarily give you permission to use a brand’s logo or protected design in merchandise.
That doesn’t mean every drawing of a trainer is forbidden. It means “the photo was free” isn’t the whole answer.
If I want to draw a shoe, I can study how shoes are constructed and develop my own design. I don’t need to turn one recognisable branded shoe into the centrepiece of a product and hope that changing the colours will be enough.
Fan art doesn’t come with automatic permission
Disney is an obvious example, but the same questions come up with Harry Potter, The Lord of the Rings and A Court of Thorns and Roses.
Loving a story doesn’t give us a licence to sell its characters or copy its artwork. Calling a product “inspired by” doesn’t settle that either.
Sharing fan art without charging for it isn’t automatically permitted. Some rights holders have policies allowing particular fan uses, while others don’t. The relevant permissions and any legal exceptions need checking rather than assuming that an unpaid post is always fine.
There’s plenty of room to create bookish artwork without copying a particular franchise. A reading-themed collection could begin with your own bookshelves or the spot where you like to read. You can bring your love of fantasy into an original setting without borrowing someone else’s character artwork.
Free stock photos and public domain images are different
Unsplash, Pexels and Pixabay can be useful places to look for reference photographs. However, they provide images under their own licences. That isn’t the same as saying every image is in the public domain.
Read the licence for the image you’re using and check whether it covers what you intend to do. Selling a reusable digital asset can raise different questions from using a photograph in a blog.
Look at what’s inside the photograph too. A recognisable logo or someone else’s artwork can involve rights beyond the photographer’s permission.
Public domain material is another option. Where copyright has expired, that copyright no longer requires clearance, although other rights or conditions may still matter.
Flickr Commons is worth exploring for historical photographs. Its “no known copyright restrictions” label shares the participating institution’s research; it isn’t a guarantee covering every use. Open the individual image’s rights statement and follow the link to the institution.
An image being more than 100 years old isn’t enough on its own. Copyright duration depends on the work and the applicable law, so check the rights information rather than deciding from its age.
Make the decisions before you make the collection
There’s a lot of work involved in creating products. You might spend hours drawing a set of flowers, getting the colours right and packaging the files.
I’d rather ask where my references came from before putting all that work into a collection.
Your own photographs can be a useful starting point, particularly for natural subjects such as flowers. You still need to consider anything protected that appears in them, but you know who took the photo.
When using somebody else’s image, keep its source link and a record of the licence or permission. If tracing is part of your process, use a reference whose permissions allow that use and the finished product you intend to sell.
Changing a few details isn’t a reliable shortcut. There isn’t a percentage you can alter that automatically makes copied artwork yours.
This isn’t a reason to be afraid of opening a shop
I don’t want you to be scared of creating or selling your work. I want you to have the information that can get missed when a short ad makes the process look easy.
Marketplace consequences are real. Etsy’s intellectual property policy allows it to remove reported material and, in appropriate circumstances, end selling privileges following repeat or multiple infringement notices.
You’re putting your time into creating something. It makes sense to give the references you use some attention too.
Before tracing the next image you find, check where it came from and what you’re allowed to do with it. Then give yourself room to develop your own ideas.
If you enjoy the stories and decisions behind my creative work, you can join Stories from the Dotty Side.
This article shares general information from an Australian perspective, rather than advice about a particular image or product. Rights and exceptions vary between countries.
Sources and useful reading
Two Creative Pals colour walks through Officeworks and Bunnings led to an unexpected colour palette for my Celebration of Life memorial template collection.