In order for a work to be protected by copyright it must be “original” in the sense that it is not a mere copy of another work. If it is sufficiently original, the work is likely to be protected by copyright in its own right, even if it is derived from a pre-existing work. The artist who created the derivative work will generally own copyright in it. An example of a derivative work that may be separately protected is a three-dimensional sculpture based on a two-dimensional drawing.

However, if you want to create a derivative work you may need permission from the owner of copyright in the original work if you are reproducing an important part of that work. You may also need permission to reproduce, communicate or publish your work, as this involves the use of the underlying work.

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You do not escape the obligation to get permission by making changes or additions to a work (such as changing the colours). If you can put two works side by side and identify important parts that have been copied, it is likely that you need permission.

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You generally do not need permission if you do not copy – for example, if you use collage techniques in your artworks by merely cutting up photographs or by cutting out material from magazines or newspapers. Similarly, you do not need copyright permission to include fabric or other materials that contain pictures or designs (for example, cloth with Mickey Mouse printed on it). You may, however, need permission if you subsequently wish to photograph the artwork or to put an image on the internet. This is because you may thereby be reproducing a “substantial part” of the relevant work. In some commercial contexts, you may also need advice from a solicitor in private practice as to whether your use of images or logos gives rise to issues under other areas of law (for example, if you are selling items that look like they might be merchandise from the relevant copyright owner).

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You do not need permission if you do not copy—for example, if you are making a collage from photographs cut from magazines. You may need permission if you subsequently wish to reproduce a collage (for example, in a catalogue). Generally, you will need permission from any copyright owner whose work is substantially reproduced by reproducing the collage (even if it is a small part of the collage).

You should also ensure that any uses you make of the work do not result in the work being treated in a way that is prejudicial to the honour or reputation of the artist, or you may be liable for infringing their moral right of integrity.

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Generally, if you use a photograph as a source of information (for example, for information about the colours or proportions of an animal), you will not need permission. However, if you reproduce an important part of the photographer’s composition, you may need permission.

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You may draw, paint, photograph or film a sculpture or work of artistic craftsmanship which is publicly displayed “other than temporarily” without permission from the copyright owner. This does not apply to other public art, such as murals. You may draw, paint, photograph or film a building without permission.

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