Hard Lesson Learned About Getting Permission First

 

There are times when we have to weigh right and wrong, even in gray areas. Maybe we just have to follow what is right in our hearts, always respect others, and know the importance of asking permission.

I should have known better, and I did know better, but I so wanted to do this painting… 

I saw a photo on a friend’s FB page and so fell in love. I just had to do it! I assumed the guy posting took the photo as he often posts beautiful scenes of places he’s hiking. I sent a request for permission to use the photo for inspiration. He’d done so before, so I assumed he’d do so again. (You know what they say about assumption.) 

I didn’t wait to get the actual word. I expected to get the OK and dove right in to work. I copied the photo to my For Paintings folder and, from the computer, did an initial charcoal drawing on 6 x 9 sketch paper to see how the scene would lay out. Yes, this will work. I was so excited! 

I did a little editing to the photo, then printed it in color and in grayscale. (I use the grayscale version to help with values.) I also printed two cropped areas to enable me to see more detail in those areas of the landscape where I couldn’t quite see in the full photo. But I didn’t stop there. I figured I’d, at least, start the beginning sketching for the actual paintings.

I pulled out a few already cut sheets of BFK Rives paper and chose one. I altered the size to make it fit the scene better, and still using charcoal, I put in the initial lines and some of the shapes.

Throughout the three hours of working, my mind kept wondering, “What if I don’t get permission?” I pushed those thoughts aside. Of course, he’ll give me permission. They kept coming back. I should’ve listened. 

I couldn’t stop thinking about the picture. I even dreamed about it during the night. The scene was calling me… but at the same time, that hint of doubt permeated.

The next morning there still wasn’t a permission notice, so I asked again, this time also asking if he took the photo. A little while later, his wife posted that he didn’t take the photograph.

I was devastated! This led to a huge dilemma as to moving forward. It weighed on my conscience and consumed me. I went back to the original photo to see if I could see a signature on it. No. Something tickled the back of my mind. Had I seen this particular scene posted before?

So, what does this mean? Should I give up after all that time spent working on it? And if I continued, how could I ever again say I never use anyone else’s photograph without permission? I cannot lie… or I could, but I would be haunted, and every time I looked at the painting, I’d feel guilty for not having permission to use the photo. Honesty and integrity are of the utmost importance to me.

My emotions were at war with what I felt is ethical and the pull to do this as a painting. The picture was screaming at me to paint it. The dilemma caused a lot of anxiety over a few days. I couldn’t stop thinking about it. The scene and issue invaded my sleep.

Yes, I know if I continued with the painting, I could never show it. And part of my journey as an artist is to show and talk about my process. Could I be happy just doing it for myself? But part of who I am is to share beauty, and that’s through my photography, words, and paintings.

I even thought about excuses to continue. I’m not selling or promoting the photo as my own. I’m only using it as inspiration. My painting is not going to be exact to the photo. I would dearly love to give photo credit where due, but if I don’t know, is it OK to credit “Unknown Photographer?”

I thought about people posting photos to FB and never signing them and how others will share those photos. Who asks permission to that? And isn’t that why we post photos; for others to enjoy and share?

I don’t sign my photos when I post to FB; if someone takes and uses one as inspiration for a painting, I am honored they would deem one of my photos interesting enough to paint. Their painting isn’t my work. It’d be different and wrong if they were selling my photo. I’m not selling their photo. I’m just using it for inspiration. Still, I want to honor and give credit to the photographer.

I so wish I hadn’t fallen in love with this photo. It’s haunting me so much I want to cry. Guess I just have to give it up as a hard lesson learned. I just don’t feel right moving ahead.

I posted my dilemma on an FB pastel artists’ page. I knew in my heart what I should do (or in this case, shouldn’t.) In the past, I’d researched copyright rules for my own photographs, but I also know there are gray areas and some people don’t care and will “steal” other people’s photos.

But does it apply in this case? I’m not taking someone else’s photo to say it’s my own. I’m only borrowing the image to create a painting. My painting isn’t an exact replica of any photo. I use lots of artistic license. Or I could claim ignorance over everything, pretend I didn’t know. Plus, what are the chances the person who really took the photo would ever know? (‘Course, that’s a chance.) But in my heart, I’d know.

People were really gracious in offering advice. Some said go for it as long as I keep the painting for myself and never exhibit it at a show or enter it into a contest. Others were very much about protecting photographers’ rights. A few mentioned comments like the painting not being the photographer’s work. Most said if I did finish the painting to never post it on social media.

In the end, I decided to put the work away. I still may finish it just for myself some time, but for now… I still feel too bad. If I went ahead and did it, I know I’d love it, but inside I’d always have some guilt in me. I wouldn’t ever dare say again that my work is from my own photos or with permission from others. That just goes against me being honest.

And the funny thing? Once I came to my decision, I was able to let it go, and I don’t even care now. (Of course, I won’t look at it, ha-ha.) I put it away under other undone pictures. Who knows, maybe some day I’ll see a similar scene for which I can get permission and can use this work to redevelop it to a new painting.