[identity profile] sabarika.livejournal.com posting in [community profile] artists_beware
Not sure if this has been asked here and I am posting because this seems an appropriate place to do so, especially because of circumstances where artists have drawn commissions and referenced or copied photos and the commissioner became angry thinking they were receiving "original" art and it was actually copied.

Commissioners - if you commission someone and they [legally] reference a photo, pose, or other art do you feel ripped off?  Say you commission someone for your character in a laying down pose - the artist uploads it/emails it and you find out they referenced/copied a pose from a stock photo - do you feel like the art is worth less/you didn't get your money's worth because it wasn't 100% from their head?  Say they TOLD you they referenced--"oh, I used this pic I took of my S.O. because I couldn't get the angle right" or "i used a stock photo for the pose of your wolf"--do you care?  I'm doing a commission right now where I am using a photo I took of a friend with her permission to help me nail my anatomy and perspective - I intend on citing this when uploading the work and showing the commissioner.  I worry that the commissioner might feel disappointed because I couldn't draw this "by myself" and if "i wanted a copy of a photo I'd print it myself and draw my char's head on it".

Do you as a commissioner care if the artist is referencing from life/photos to do your work?  Especially if the artist does not normally do this or has not before cited references?  Would you feel disappointed or would you be glad that they are making the effort to find a resource to ensure the drawing is "better"?  Does how much they copied make a difference - if they took an entire photo, copied it exact but made changes to colors/markings would that be worse than using it as a starting point and altering it significantly to make it up to your wants? And finally, does the difference lie in how much like the reference it looks like?  Due to stye, ability, and all sorts of factors some people can reference a photo line for line while others you may not tell due to their style that they even saw a photo. And of course, what it is they're drawing. Hard to copy line for line a photo of a real life gryphon or anthro, eh?

Sorry this was long but I'd love to hear from commissioners as well as any artists who may have faced an issue with having referenced/copied* a photo and had a commissioner complain.

*when I say copy I mean legally, from a stock site or citing their references, their own photos, etc.  Not just the first pic that turns up on Google without permission.  Obviously it can be a whole different matter if a commissioner discovers their commission was a traceover of a Google photo.

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Date: 2009-03-24 01:35 am (UTC)
From: [identity profile] hellebore.livejournal.com
I don't know. What if the character needed to have its hand a certain way and I used my own hand to reference it?

Personally, I don't give a poop.

Date: 2009-03-24 01:39 am (UTC)
From: [identity profile] amarafox.livejournal.com
No, I don't, because there are plenty of artists who do awesome professional work and copy poses from their own photography.

I'm a little more leery of copying poses from stock, but so long as the artist did a good job, I say go for it.

Date: 2009-03-24 01:41 am (UTC)
From: [identity profile] hellebore.livejournal.com
I use my dude to pose (live no photos) for my sexy lady drawings ohhhhhh yeah

I freely admit this and no one really seems to care. To me, it's what the artist does with what they're given, that matters.

Date: 2009-03-24 01:45 am (UTC)
From: [identity profile] zyleeth.livejournal.com
I actually think I'd feel a bit ripped off if the artist didn't use reference material, granted they weren't familiar with the subject matter and referenced professionally. Especially after I've discovered just how incredibly fast I improve and draw accurately using live models and photos I recently took.

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Date: 2009-03-24 01:46 am (UTC)
From: [identity profile] kriscynical.livejournal.com
Particularly if they shoot their own reference as in your S.O. example, it's perfectly fine. Artists and illustrators shoot their own reference all the time in order to get things right. I'd rather have a (legally) referenced piece than an image that looks weird because they didn't use reference to get a pose believably right.

Date: 2009-03-24 01:59 am (UTC)
From: [identity profile] bladespark.livejournal.com
Yeah, seconding what's been said so far. Referencing gives hugely better looking results, so I'm all for it! I'd prefer something be referenced at least lightly, it's much more likely to look good. And I certainly don't mind if something is heavily referenced.

Date: 2009-03-24 02:01 am (UTC)
From: [identity profile] pac.livejournal.com
i think, one, everyone, commissioners and artists alike, need to read up on the fair use policy and derivative works etc. http://www.artslaw.org/ (it's not THE best site to explain these concepts, but it's the most handy at the moment).

two, be honest and up front about your process when it involves derivatives or sampling.

that being said now, it's really a matter of a. what the artists think works like this are worth, and b. what a commissioner is willing to pay. and not to get into a big debate over a topic i'm sure has been discussed en mass by now, the practice of using other material (like photos) to make new material is of course not new and is widely practiced. in fact, in school, we were encouraged to take as much of our own ref material (even to the point of making scale models) to get the picture right. sure you can struggle through it, but when you're on a dead line and it needs to be "right" or you're not going to be paid, knowing the art of taking and using ref material is invaluable. to what extent does it become debatable, or a crutch, or outright theft is a whole discussion all it's own.

THAT being said...

if you're worried about their reaction, ask. or let them know. though really, in my opinion, it shouldn't matter. and honestly, unless it uncited work from third-party sources that are blatantly "traced" with little or no creative input what so ever, i've not seen it as a big deal. being able to conjure the perfect image right out of your head all the time essentially "blind folded" is rare. drawing from our heads is important, but we were taught that it also takes the skill of drawing from life and drawing from our own prepared material that complete the tool box for successful art. doing everything out of your head could easily become just as detrimental as always drawing from photos.


wow, that was more than i originally planned to say. the long and short of it is, no, it shouldn't matter. it doesn't matter to me, with in reason.
Edited Date: 2009-03-24 02:02 am (UTC)

Date: 2009-03-24 02:04 am (UTC)
From: [identity profile] houndofloki.livejournal.com
I think the only time I would mind an artist using reference is if I'd commissioned a realistic picture of a character, and the drawing I got just looked exactly like the photo referenced, only painted over in Pshop with a bandanna slapped on its neck or something :p That would be lame.

Date: 2009-03-24 02:05 am (UTC)
From: [identity profile] molotov-lj.livejournal.com
If it's wholesale copying from someone like Starfinder, then yeah I'm going to feel cheated. A random dog head from Google and then a pic of someone sitting put together and painted over with body hair on top of fur, lol...no. If the person is just referencing poses or whatever, it wouldn't really matter. Odds are people still do that without telling the commissioner and the pic still looks great, so it's really needless to get all uppity about it.

Date: 2009-03-24 02:16 am (UTC)
From: [identity profile] vulgaris.livejournal.com
Except that, believe it or not, thats what a lot of major illustrators do. Now they don't take their images straight off of google- Most use their own stock photography. But that practice of "cutting the head off / slapping it on" and drawing directly overtop- Especially in digital art- Is done more often than you suspect.

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Date: 2009-03-24 02:09 am (UTC)
From: [identity profile] casteddreams.livejournal.com
Frankly, I don't care either way. I'm really not sure what else I can say on that subject. xD
I have to use photo references for poses sometimes, and I understand it an be a necessary thing, especially when a commissioner requests a pose you have no experiance drawing previously.

Only time I'd mind it pretty much the same reason given by [livejournal.com profile] houndofloki. Which sums it up for me. x3

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Date: 2009-03-24 02:10 am (UTC)
From: [identity profile] silverblue.livejournal.com
Tracing and copying are very different from using references. If someone told me not to use any references for gesture or, say, the way weight is distributed on a large character, I'd tell them to find another artist - and good luck finding an artist who is a serious commercial artist who uses no references. I take shots of my body contorted into different positions and of my hands, especially, and of my pets, zoo animals, etc.

Date: 2009-03-24 02:12 am (UTC)
From: [identity profile] vulgaris.livejournal.com
If you [or any artist] has ever taken an illustration course in college, you already know that the majority of illustration is either based on photographic reference or the skills you developed using photographic references. Any professional illustrated image you see is usually a composite of several referenced photographic images.

So

There is no point in [a client] getting upset over a commissioned piece of work being based on a photographed pose- Infact, [the client] should be greatful that the person they commissioned is knowledgeable enough to understand that the most accurate and complex poses are drawn from a model and not from "the mind" alone.

You already pointed the legal side out so I won't repeat what you said, lol gonk.

THIS ALL BEING SAID, using the same photograph for multiple commissions is generally frowned upon.

Date: 2009-03-24 02:26 am (UTC)
From: [identity profile] oceandezignz.livejournal.com
Took the words right out of my mouth.

And... major. MAJOR. Icon. Love. Hard Gaaaaayyyy~ ♥

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Date: 2009-03-24 02:15 am (UTC)
From: [identity profile] pinkhusky.livejournal.com
I'd rather have them use a reference, state the sort, be legal and all that jazz then have them try to do it themselves and screw up the anatomy, honestly =/

I actually feel like the commissioner is better when they look at a ref for a pose, because at least the feet will lock right instead of looking broken or the body will have a natural curve without looking like a snake, you know. That sort of thing.

Date: 2009-03-24 02:18 am (UTC)
From: [identity profile] maddogairpirate.livejournal.com
I don't find a thing wrong with that, unless, say, the final work ends up so close to the stock photo that it feels 'copied'. By copied I don't mean traced. I mean no originality went into the work.

Date: 2009-03-24 02:40 am (UTC)
From: [identity profile] fiercereaper.livejournal.com
Considering professional illustrators do it all the time? Not really, no.

Date: 2009-03-24 02:51 am (UTC)
From: [identity profile] warsawkook.livejournal.com
Well, if someone commissioned me to do art and then chewed me out over using reference material - I'd simply respond by sending them a sketch of what the pose would have looked like WITHOUT a reference. I may have majored in advertising but I DID still go to school for art and DID still have to take some illustration courses - and even my most talented illustration professor still stressed the importance of references. (Honestly, whenever I see someone bitch about artists using references, it basically says to me "HEY, I HAVE NO CLUE HOW ART WORKS!")

Like everyone's already said, there's a HUGE difference between referencing and then outright tracing/painting over. IMO, tracing and paint-overs are GREAT learning tools - BUT I feel that those methods should never be used for commission work. If I got a commission that was an outright trace or paint-over, I'd feel pretty jipped (unless it was something cheap and it looks really good; I ain't gonna bitch over a $10 or $20 picture.)

In my own practice I've loaded up a picture in Photoshop and then done a quick "stick figure" gesture drawing on TOP of it, just to get the basic anatomy of the pose down, but after that I only go back to the original photo for reference. To me, there's nothing ethically wrong with that. But if I were to go ahead and sit on a layer over the photo and then trace every last detail - muscles and features and the whole nine - THAT breaches the line between "referencing" and "tracing".

And then as a commissioner - if an artist needs reference material to get something right then shoot, go for it man! As a matter of fact, I'd probably feel really weird if they ASKED me if it were all right for them to use a reference; I pretty much expect artists to, and would rather they ref'd then either mess up a picture completely OR stress themselves to the point of hating what they're doing by trying to blindly get a pose right.

Date: 2009-03-24 03:08 am (UTC)
From: [identity profile] kriscynical.livejournal.com
(Honestly, whenever I see someone bitch about artists using references, it basically says to me "HEY, I HAVE NO CLUE HOW ART WORKS!")

This x Eleventybillion.

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Date: 2009-03-24 03:11 am (UTC)
From: [identity profile] katze-neko-mew.livejournal.com
Commissioners better not care! That's the only way I can draw!

If I commission someone, I want the finished product; straight from their head or referenced, if it was legal, it was their own skill and talent as an artist that was able to draw a picture version of a S.P. onto a piece of paper without tracing. That's all I care about.

Date: 2009-03-24 03:26 am (UTC)
From: [identity profile] sunhawk.livejournal.com
Nope, wouldn't care as long as it wasn't traced or Photoshopped with the drawing filters LOL

Date: 2009-03-24 03:34 am (UTC)
From: [identity profile] midnightfury.livejournal.com
I don't do commissions very often anymore. When I do, I try hard not to fall back on some sort of reference. Sometimes I'm just too stuck and don't feel I have much choice. I've never had anybody complain in the few situations where I had had to do that.

I know I'm being a little tight-assed about this next part, but in my opinion, if a commissioner knows they don't want something that was referenced from something, then they need to specifically say so and then provide either their own reference material or as detailed a description of what they're wanting as they possibly can.

Date: 2009-03-24 05:13 am (UTC)
From: [identity profile] patchesfox.livejournal.com
honestly.... 90% of the time when I use a reference the pic comes out better then otherwise. Now using a reference is different to copying an image (atleast to me). Its alright to use a pic/reference for an angle and a general pose but I like the idea of change atleast three things about the pose! Move the arm, shift the hips...what ever just don't make it so if the pic is held up next to the reference its exact (not counting the fact its a furry now).

I'm all for using tools available, this means live models if you have them, stock photos, or what ever. I see using references the same way as using art grade pencils. I'm against copying but all for referencing, it shouldn't look exactly like the pic you were looking at.

Ok sorry I'm ranting, so wrapping this up: I don't believe its necessary to cite references if its stock photos. If you referenced something specifically like a kind of book or corset then yes.

well that's one "artists" opinion

Date: 2009-03-24 06:27 am (UTC)
From: [identity profile] kinas.livejournal.com
I dig references. Art is all about learning, and using anything that helps you learn is a major plus for me. Whether you're referencing photos that you've taken, or stock art that you've got permission to use, you're constantly gaining new skills, even when you're working a commission.
I've been working for people for a couple of years now, and some of my clients do not hesitate to send me photo references of themselves. Sometimes they want a specific pose, or are displayed in certain lighting and I cannot express just how helpful reference photos are, especially if I am not confident under those conditions. I'll learn from it and fine-tune my abilities.

So yeah! It's all about learning :D

If I commissioned somebody who I then discovered used references, I'd be really happy as that motion reads to me that the artist wants to go that extra step further to producing a great and believable piece.

Date: 2009-03-24 08:02 am (UTC)
From: [identity profile] foxhack.livejournal.com
Yep. I've done it at least once. This icon? It's based on this.

Image

I told the author (Xainy) to please draw my character thing in that pose, but in -her own way-. I've also asked a couple of people to reference my real life hair in commissions. Mostly the hairstyle.

I would never ask someone to blatantly trace another pose. I would ask if it would be possible to use a particular pose -from a picture-, but I would never ask for a trace.

Most of my commissioned art is icons, anyway. :p

Date: 2009-03-24 08:39 am (UTC)
From: [identity profile] feather-dancer.livejournal.com
References can be a real kicker at times mind. Mean seriously if I told you right now what do Leopard spots look like? Chances are you'd either fudge it from memory or go look it up to be sure. It really is amazing what you find about critters you never noticed by getting hold of a photo and zooming in and around.

Patterns in particular on critters are very difficult from memory, many notice Cheetahs have a tear drop line that goes down their muzzle but that arc of spots from the eye? Not as many. There's also things like we know, Maned Wolves have stupidly long legs but in proportion to the body? There is absolutely nothing wrong with checking things like this out but many are scared off even doing that and fudge things as a result :) Heck even humans cause this sort of thing with the being unique so double checking never hurt...

It's these zoom ins I will google up for the sheer variety and I'm actually just getting more of a feel before I start going properly. Then there's the ref references when actually producing, I can't see why anybody would worry too much about them less it's practially a trace :) I do admit eyedropping to get the colours more correct mind on more "realistic" (As I get at any rate) as I'm still struggling, my attempts are way way off most of the time aha.

Date: 2009-03-24 10:00 am (UTC)
From: [identity profile] thaily.livejournal.com
The trick about reference is that the result should never look exactly as the reference does, otherwise it's just a copy. So referencing would not bother me. Copying another image exactly would.

Date: 2009-03-24 10:32 am (UTC)
From: [identity profile] foxxieangel.livejournal.com
I think everyone else has summed it up nicely. I use references all the time from either my fiancé or his brother posing, photos I've taken (especially for animals) or looking through the stock on websites like deviantart/posemaniacs/stock.xchng etc.

My icon here was referenced from a photo of my dog on my phone.
I also try to use as many references as possible in one image so it doesn't look like a cheap copy. This would be different if I was asked to copy a photo exactly for something like a pet portrait.

Date: 2009-03-24 02:33 pm (UTC)
From: [identity profile] zombienerd.livejournal.com
i'd rather the picture look right (aka not painfully broken) than be completely original. i've gotten a couple pictures of my squid where its obvious that the artist had no idea what a squid looked like. i would have been much happier with the outcome if they just googled to find out wtf a squid is. :|
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