If you’re an artist learning to paint realistic animals and wildlife in watercolor, chances are you often look for reference images to guide your work. Using photos can help you capture accurate anatomy, fur texture, and color patterns. However, when using reference materials, you must consider copyright laws—otherwise, you could unknowingly infringe on someone’s intellectual property rights.

I’ve created this blog post to help you better understand what’s legally acceptable when using photos, images, and artwork as references for your paintings. I’ll also clarify the role of international copyright agreements, so you understand that copyright rules generally apply across borders.

What Is Copyright?

Copyright is a legal protection granted to creators of original works, including photographs, illustrations, and other forms of visual art. It gives the creator the exclusive right to reproduce, distribute, display, or modify their work. When you find a photo online, whether on a photography website, social media, or a blog, that image is automatically protected by copyright—even if there’s no copyright symbol on it.

Using someone else’s copyrighted image without permission could lead to legal trouble, especially if you publish or sell artwork based on that reference.

Please note: Royalty-free doesn’t mean copyright-free—it simply means you can use the image for a one time fee without paying ongoing fees, but the copyright still belongs to the creator.
Copyright-free (or public domain) images, on the other hand, either have no copyright owner, or the owner has waived their rights (like with a CC0 license) or explicitly granted permission for unrestricted use. This means you’re free to use them however you like. Always check the licensing details to be sure!

International Copyright Laws: It’s Not Just Your Country’s Rules

Many artists assume that copyright laws vary significantly from country to country, but in reality, there are international agreements that unify copyright protections worldwide.

One of the most significant treaties is the Berne Convention for the Protection of Literary and Artistic Works (1886). Over 180 countries, including the U.S., Canada, the UK, Australia, and most of Europe, follow this treaty. It ensures that a work created in one member country is automatically protected in all other member countries.

Another important treaty is the WIPO Copyright Treaty (WCT), overseen by the World Intellectual Property Organization (WIPO). It strengthens digital copyright protections, meaning that online photos and images are covered just as much as physical works.
You can read more about both treaties here: wipo.int

In short, no matter where an image was created, you should assume it is copyrighted unless you have clear permission to use it.

What Is Fair Use?

Some artists wonder if “fair use” allows them to use copyrighted reference images without permission. Fair use is a legal doctrine that permits limited use of copyrighted material without requiring permission under specific circumstances, such as education, critique, or parody.

However, fair use is not a free pass to copy or heavily base your work on a copyrighted image. Most importantly, fair use laws vary by country, and they often do not apply to commercial art. If you’re creating paintings for sale, fair use is unlikely to protect you.

What Is Allowed?

As an artist, you want to stay within legal boundaries while still finding good references. Here’s what you can do:

Use Public Domain Images

Public domain images are free to use because their copyright has expired or they were never copyrighted in the first place. Websites like Pixabay, Unsplash and Wikimedia Commons offer public domain or copyright free images. Always check the licensing details on these platforms.

Use Images with Creative Commons Licenses

Some photographers and artists allow others to use their work under Creative Commons (CC) licenses. There are different types of CC licenses, some requiring attribution and others allowing only non-commercial use.
If you use a CC image, always check the terms to make sure you’re complying with the license.
Flickr Creative Commons: Many Flickr users offer their work under Creative Commons licenses, allowing for various types of use with proper attribution. flickr.com
Creative Commons Search Portal: A tool to find content you can share, use, and remix across multiple platforms. search.creativecommons.org

Get Permission from the Photographer

If you find an image you’d like to use as a reference, consider reaching out to the photographer or artist for permission. Many photographers are open to letting artists use their work if they receive credit or a small licensing fee.

Take Your Own Reference Photos

One of the best ways to ensure you’re not violating copyright is to take your own reference photos. If you’re painting realistic animals, consider visiting a zoo, nature reserve, or farm to photograph subjects firsthand.

Practise pieces

If you use copyrighted photos or other artists’ paintings as references for personal practice at home, that’s perfectly fine—as long as you don’t publish, sell, or publicly display the artwork. Copyright laws primarily come into play when the work is shared with others, whether online, in galleries, or commercially. Practicing with references to improve your skills is a great way to learn, but if you want to share or sell your work, make sure you’re using legally permitted references.

What Is NOT Allowed?

Copying a Copyrighted Photo Exactly

If you recreate a copyrighted image in watercolor—without significant changes—you could be infringing copyright. Even if your painting is done in a different medium (watercolor instead of photography), if it closely resembles the original, it may be considered a derivative work that requires permission.

Using a Watermark-Free Image from Google or Pinterest

Just because an image is on Google or Pinterest doesn’t mean it’s free to use. Many images found online are copyrighted, and using them without permission is legally risky.

Tracing a Copyrighted Photo

Even if you don’t sell the final painting, tracing a copyrighted photo without permission could still be considered infringement, especially if you share the work publicly or claim it as your own.

Using a Photographer’s Work for Commercial Art Without Permission

If you plan to sell your paintings or display them in galleries, avoid using copyrighted images as references without the right licenses. Selling artwork based on someone else’s photo could lead to legal issues.

Transformative Use: Can You Alter a Photo Enough to Make It Legal?

Some artists believe that altering a reference photo significantly (changing colors, flipping it, or combining multiple photos) makes it legal to use. While some modifications may qualify as “transformative use” under copyright law, the line is blurry. Courts often look at whether the new work has a different purpose and meaning from the original.

As a rule of thumb, if the original image is still recognizable in your artwork, you should assume it’s not transformative enough to be safe.

Final Tips for Ethical and Legal Use of References

• Always check image licenses before using a reference.
• If unsure, contact the image owner for permission.
• Use stock photo sites with clear licensing terms.
• Take your own reference photos when possible.
• Consider using multiple references to create a unique composition.

Understanding copyright might seem overwhelming at first, but don’t let it discourage you from painting! There are plenty of legal ways to find great reference images to create amazing animal and wildlife art in watercolor – from public domain photos to your own photography. Practicing at home is always an option, and as you grow as an artist, you’ll learn how to use references effectively while making your work uniquely yours.

The most important thing is to keep painting, keep learning, and enjoy the process. Art is about creativity, observation, and skill—so explore, experiment, and bring your vision to life with confidence! 🎨✨