Can I Burn That? A Friendly Guide to Copyright for Artists

Whether you’re doodling with us in Open Studio, tracing a favourite anime still, or experimenting with Canva templates—at some point, you’ve probably wondered:

Is this okay to use?

Can I sell this?


Copyright is one of the most important and misunderstood topics in the art world.

Many artists think if they “change the medium” (like painting from a photo or burning a drawing) or “add their own twist,” it’s enough to make it theirs. It’s not. If the result is still a recognizable copy or derivative of someone else’s work, it could still be copyright infringement—even if it’s altered a lot.

And that myth about “changing 30%” to make it legal? That rule doesn’t exist. Copyright law doesn’t measure by percentage—it’s about whether the original work is still clearly present.

Lets start here: What Inspires Us?

Steal Like an Artist by Austin Kleon is a small but powerful book packed with creative wisdom. It’s written for artists, writers, designers — anyone doing creative work — and its core message is:

“Nothing is original. Everything is a remix.”

Great art comes from remixing, borrowing, and building on what inspires you. You don’t need to be a genius or wait for a lightning bolt of originality — you just need to start.

When I was 9, my family went to Disney World, and I spent the whole trip drawing Mickey Mouse over and over. As my sketches got closer to the real thing, my confidence grew. That practice — copying characters I loved — helped me believe I could draw anything. It shaped the way I learned, and I’m grateful no one told me I couldn’t draw those things.

Later, I started noticing patterns in nature — how plants, pinecones, and trees all grow outward from a single point. I filled the corners of my books with florals and spirals, then slowly moved into the center of the page. Bit by bit, my style emerged: inspired by nature, Art Nouveau and Deco, especially the lines and florals in the work of Alphonse Mucha (my favorite artist!), and repeated over time until it became my own.

That’s the thing — style isn’t born from a single source. It’s a mashup, built over time, shaped by the things you love and the ways you practice.


But while remixing and drawing what you love is a huge part of finding your style, there’s a fine line between inspiration and infringement.

As artists, we grow by learning from others — but as we share our work publicly, especially online or for sale, it’s important to understand what’s legally allowed and what crosses into copyright territory.

In a nutshell:


🚫 It’s NOT OKAY when…

  • You’re copying style and subject so closely it feels like a replica

  • You haven’t transformed the idea in a way that feels personal or original

  • You’d be uncomfortable showing it to the original artist

  • You can’t point to what you added or how you made it your own

  • You’re tracing without adding new interpretation or energy

It’s probably okay when…

  • You’re combining influences from multiple sources, not just one

  • You’ve infused it with your voice, your perspective, your weirdness

  • You could confidently say, “This inspired me,” but it clearly looks like you

  • You’d be proud to credit your inspiration, not afraid of getting “caught”

  • You’ve taken the seed, not the whole plant — and grown something different

Key idea: Changing the medium or adding your own flair doesn’t automatically make it legal. What matters is whether the result is still a recognizable copy or derivative of someone else’s copyrighted work.


What Is Copyright?

Copyright is the legal protection given to original creative work—art, writing, photos, music, etc. The moment something original is created and fixed (like drawn on paper or saved digitally), the creator automatically owns the copyright. No registration needed.


That copyright gives the creator the exclusive right to:

  • Reproduce it

  • Sell or license it

  • Display or adapt it

  • Prevent others from copying or profiting from it


🚫 Copyright prohibits artists from:

  • Redrawing or repainting someone else’s work, even in their own style, without permission

  • Reproducing it in another medium, like wood burning, embroidery, or sculpture — even if it’s by hand

  • Selling artwork that is a copy or close derivative of someone else’s copyrighted design

  • Tracing someone’s work and claiming it as their own

  • Modifying a copyrighted work and distributing it as “inspired by” or “fan art” if it’s still recognizable as the original




If Someone Copies You Without Permission

You are legally allowed to:

  • Ask them to take it down (e.g. via a *DMCA takedown or message)

  • Request credit, removal, or payment

  • Send a cease & desist letter

  • You can’t take legal action unless you register.


*DMCA stands for the Digital Millennium Copyright Act (a U.S. law), but it's widely recognized by platforms globally — like Instagram, Etsy, YouTube, Pinterest, and even Discord. You can use a DMCA takedown even if you haven’t registered your copyright. Learn more here —> https://www.copyright.gov/dmca/


Why would you want to take legal action?

Because if someone profits off your work, damages your reputation, or refuses to comply with takedown requests, registration gives you the power to actually enforce your rights. Without it, you can ask nicely—but you have no real legal ground to sue or claim damages.

You can register after infringement happens, but you can only sue from that point forward (not retroactively).


Registering Your Copyright (optional but helpful)

In Canada, the U.S., and many other countries, registration gives you stronger legal protection—especially if you ever need to sue.


Does one copyright help cover your other art?

Nope — each piece is only protected by its own copyright. Even though all your art is technically protected the moment it’s created, if you want to enforce your rights (e.g. sue or claim damages), you’ll need to register each piece (or batch) separately. One registered piece doesn’t automatically protect the rest in court.

But — having one registered copyright can help show a pattern of original authorship if someone is copying your entire style or portfolio.



How Copyright Works Internationally

Thanks to the Berne Convention, an international agreement signed by over 180 countries (including Canada, the U.S., and the EU), copyright law is pretty consistent around the world.


What if i don’t sell it? Can i redraw it, just for fun?

Fair Use or Fair Dealing can cover drawing something for fun — if it's for private, non-commercial use and not being shared widely or sold.

But…

🚫 It doesn’t automatically protect you if:

  • You post it online as if it’s yours

  • You sell prints or products with it

  • You build a following off copied work (even if it’s "fan art")

  • You claim copyright over your version of someone else’s design

Fair Use or Fair Dealing

Fair Use (U.S.) and Fair Dealing (Canada and other Commonwealth countries) are legal exceptions that allow people to use copyrighted material without permission in certain specific cases.

But they’re not the same—and they don’t mean “anything goes.”


Fair Use (United States)

Fair Use is flexible but vague. It’s judged on a case-by-case basis using four factors:

1. Purpose and character

  • Is it transformative (adds new meaning, message, or purpose)?

  • Is it commercial or educational?

2. Nature of the original work

  • More protection is given to creative works (art, music) than factual ones.

3. Amount and substantiality

  • How much of the original was used, and was it the “heart” of the work?

4. Effect on the market

  • Does your use hurt the market for the original or act as a replacement?

Example of likely Fair Use: A YouTuber analyzing a painting and showing clips to comment on techniques.

Not Fair Use: Putting a filter on someone else’s art and selling it as your own.


Fair Dealing (Canada)

Fair Dealing is more limited and specific. It only applies to certain purposes, like:

  • Research or private study

  • Criticism or review

  • News reporting

  • Education

  • Satire or parody

Even then, your use must be “fair” — courts consider:

  • Amount used

  • Purpose

  • Availability of alternatives

  • Impact on the original’s market

Example of likely Fair Dealing: A teacher using a portion of an artist’s image in a classroom presentation for educational purposes.

Not Fair Dealing: Copying an artist’s design and using it on a product you're selling.


Bottom Line for Artists

  • Neither law lets someone sell your art or republish it fully without consequences.

  • These exceptions are mostly for commentary, education, or parody—not for bypassing permission.



What About Canva Designs, Pinterest Photos or stock images?

Canva:

If you use Canva’s elements (Pro or Free), you can sell your own finished design (like a print or burned artwork), but not just the element by itself. And never resell the templates. Here is a little run-down:

  • YES: Use Canva’s elements in your designs for social posts, presentations, etc.

  • YES: Sell physical products (e.g. mugs, shirts) using your original Canva creations, if you're using Canva Pro content and following their commercial license.

  • NO: You cannot resell or redistribute Canva templates, elements, or stock photos as-is.

  • NO: You can’t upload a Canva template and sell it as your own template without major customization.

Rule of thumb: If it’s plug-and-play and you didn’t change it much, don’t sell it.


Pinterest

Straight up: grabbing images from Pinterest or Google Images and using them in your art, products, or posts can get you into legal trouble — even if everyone else seems to do it.

These are not sources, they’re search engines. However, you can use them privately for inspiration or practice.

But it’s NOT OK to:

  • Trace or copy someone’s photo or art and sell it.

  • Use Pinterest/Google photos directly in your designs, even if you “edit” them.

  • Print or post images that belong to others, even “just for fun,” if you’re gaining followers or monetizing it in any way.

  • Even if you're using 100 tiny pieces from 100 different Pinterest artworks, each one could still be protected by copyright — and you don’t automatically get away with it just because it’s small or part of something you made.


Stock Images (e.g. Unsplash, Shutterstock, Adobe Stock)

  • Free stock sites (like Unsplash): Typically okay for use in blogs, websites, etc. — but not for resale as art.

  • Premium stock sites: You need to check each license.

    • Standard license: OK for web use, not for merchandise.

    • Extended license: Needed for high-volume commercial products.

🚫 Never use a stock image as the base for a digital product you're selling unless you’ve carefully read the license and have the right to do so.



In Summary

Changing the medium or recreating the artwork in your style doesn’t make something yours if it’s still a recognizable copy. Also, just because an image is online doesn’t mean it’s free to use.

Whether you’re drawing for fun, making collages, burning them or designing with templates, it’s crucial to understand copyright rules and know what’s actually allowed.

Do your due diligence and check the original source and usage rights before including anything in your work.

You can always ask members of The Burn Club to help you out if you’re not sure.

If you want to stay safe and creative, stick with public domain resources, licensed stock photos, or your own original content. There are tons of free, legal sources out there that make it easy to build something completely yours. (I share a list of them in The Club!)

Respecting copyright doesn’t have to limit your creativity—it protects it.




Want to Read More?

Here are some solid, trustworthy resources if you want to dive deeper:

WIPO – International Copyright Law
https://www.wipo.int/copyright/en/

Canadian Intellectual Property Office
https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/copyright

U.S. Copyright Office – Fair Use Basics
https://www.copyright.gov/fair-use/

Stanford Fair Use Center
https://fairuse.stanford.edu/overview/fair-use/