B. Reflecting, Responding, and Analysing · Responding to Art: Critical Analysis, Context and Responsible PracticeCopyright, Plagiarism and Ethics in Visual Arts
C3.1About 70 minutes
Learning goals- I can explain how copyright and moral rights work in Canada.
- I can decide when I may use an image, using public domain, licences, fair dealing and permission.
- I can tell the difference between inspiration, reference, plagiarism and forgery.
- I can discuss ethical issues such as appropriation, privacy and AI-generated images.
Words to know
copyright
The legal right to copy, publish, sell and adapt a creative work.
public domain
Works no longer protected by copyright, which anyone may use.
moral rights
A creator's rights to be credited and to protect the integrity of their work.
fair dealing
Limited use of copyrighted work without permission for purposes such as education, research, criticism, review, parody or news.
Creative Commons
Licences that let creators say how others may use their work.
plagiarism
Presenting someone else's work or ideas as your own.
forgery
Making a fake and passing it off as another artist's work.
Hook: it's online, so it's free... right?
You find an amazing photo of a fox in the snow. You trace it, colour it, and enter it in a contest. You win! Then the photographer sees it.
Who owns that image? Was it fair to use it? Does it matter that you changed the colours?
C3.1 asks you to understand the legal and ethical issues in visual arts: copyright, plagiarism, permission, appropriation, privacy and respect for cultures. These protect you as an artist, too.
Copyright in Canada
Copyright is the legal right to copy, publish, sell, adapt and share a creative work. In Canada:
- Copyright is automatic. The moment you create an original work in a fixed form (a drawing on paper, a photo, a digital file), you own the copyright. Registration is optional.
- It usually lasts for the creator's life plus 70 years (to the end of that calendar year). Canada extended this from 50 to 70 years on December 30, 2022.
- After that, a work enters the public domain: anyone may use it. Works by artists who died long ago, such as Tom Thomson (died 1917), are in the public domain in Canada.
- Owning the object is not owning the copyright. If you buy a painting, you own the painting, but the artist usually keeps the right to make copies, prints or posters of it.
- Images on the internet are not automatically free. Most are protected by copyright.
How long copyright lasts in Canada. While the green bar runs, you need permission (or a licence, or fair dealing) to copy the work. After that, it is public domain.Moral rights
Canadian law also gives creators moral rights: the right to be named as the creator (or to stay anonymous) and the right to the integrity of the work, meaning it can't be changed in a way that harms the artist's honour or reputation.
A famous Canadian case: Michael Snow's sculpture Flight Stop (1979), a flock of 60 Canada geese hanging in Toronto's Eaton Centre. When the mall tied ribbons around the geese's necks for Christmas, Snow went to court, arguing it damaged his work and reputation. In 1982 the court ordered the ribbons removed.
Fair dealing, licences and permission
You may use parts of copyrighted works without permission for fair dealing purposes: research, private study, education, parody, satire, criticism, review and news reporting. It must be fair: use only what you need, and for criticism, review and news reporting, name the source and creator.
You may also use works with a licence. Creative Commons licences let creators say how their work may be used (for example, CC BY means you may use it if you give credit). Or simply ask the creator for permission, in writing.
A decision path for using an image. The safest choices are your own images, public domain or licensed images, and permission.Plagiarism, reference and inspiration
Plagiarism is presenting someone else's work or ideas as your own. It's an ethical problem in school even if no law is broken.
Artists learn from others all the time. Here is the difference:
- Copying to learn (a master study in your sketchbook, labelled "after Emily Carr"): fine and traditional.
- Reference: using photos to get details right. Best practice: take your own photos, or use public domain or licensed images, and combine several references.
- Inspiration: taking an idea, mood or technique and making something new.
- Plagiarism: tracing or copying someone's work and presenting it as your original work, without credit.
Forgery is making a fake and passing it off as the work of another artist. It is fraud. In 2023, police in Ontario announced charges in a large investigation into fake paintings sold as works by Anishinaabe artist Norval Morrisseau: forgery harms the artist's legacy, the buyers and the community.
Other ethical issues
- Cultural appropriation: taking sacred or culturally specific designs from a community you don't belong to, without permission or understanding (Grade 8 looked at this closely). The Igloo Tag trademark is used to identify authentic Inuit art and help buyers support Inuit artists.
- Privacy and consent: get permission before photographing people or posting their images, especially children.
- Appropriation art: some artists deliberately borrow existing images to make a point, such as Marcel Duchamp presenting a factory-made urinal as art, Fountain (1917), or Andy Warhol's soup cans. Whether a borrowed image is transformed enough can be a legal and ethical debate.
- AI image generators: they are trained on huge numbers of images, often without artists' consent. Laws are still developing. Be honest: say when you used AI, and follow your teacher's rules.
- Censorship and free expression: artists can make work about difficult topics, but there are legal limits (such as hate speech), and galleries and schools make decisions about what to show and to whom.
Worked exampleLet's sort these cases
Decide whether each is fine, a problem, or depends, and explain.
- A. Ava traces a photographer's fox photo and enters it in a contest as her own. Problem: plagiarism and copyright infringement. Fix: take her own photo at a wildlife park, or ask permission and credit the photographer.
- **B. Ben paints a copy of Tom Thomson's The West Wind in his sketchbook, labelled "study after Tom Thomson". Fine:** the original is in the public domain, it's labelled as a study, and it's for learning.
- C. Cam uses a CC BY photo of a moose in a poster, with "Photo: [name], CC BY" printed small at the bottom. Fine: follows the licence by giving credit.
- D. Dee photographs classmates at lunch and posts them online without asking. Problem: privacy and consent.
- E. Eli includes a small part of a famous painting in a slide for a class critique, with the artist and title. Fine: fair dealing for criticism or review in education, with the source named.
- F. Faye makes a parody of a famous painting with her cat in it, credits the original, and posts it. Depends but often fine: parody is a fair dealing purpose if the use is fair; if the original is in the public domain, there's no copyright issue.
Ask: Who made it? Is it protected? Do I have permission, a licence, or a fair-dealing purpose? Have I given credit? Am I respecting people and cultures?
How to credit an image
Creator, Title, date, source, licence. Example: Photo by Sam Lee, "Fox in Snow", 2025, used with permission. For your own work, sign it and keep your sketches and files: they show your process and prove it's yours.
Just for funWhat did the copyright lawyer say to the doodle?
"Relax. You've been protected since the moment you were drawn."
Hands-on activityCopyright detective
You need: paper, a pencil, and (with a grown-up) a computer or tablet.
- Find three images online: one clearly copyrighted (from a news site or an artist's page), one in the public domain (try a museum's open-access collection), and one with a Creative Commons licence. Write how you could tell.
- For each, write a proper credit line.
- Take three of your own reference photos at home (a pet, a plant, a winter window) for a future drawing. These are 100% yours.
- Make a quick master study of a public domain painting in your sketchbook and label it "study after ___".
- Write your own five-point code of ethics for using images as an artist.
Your turn
1When does copyright begin in Canada for a drawing you make?
Automatically, the moment you create it in a fixed form. No registration needed.
2How long does copyright usually last in Canada now?
The creator's life plus 70 years (to the end of that calendar year).
3An artist died in 2000. Until when is their work protected in Canada?
Until the end of 2070 (2000 + 70). It enters the public domain on January 1, 2071.
The creator's right to be credited (or stay anonymous) and to the integrity of the work (not changed in a way that harms their reputation).
5What happened in the Michael Snow Flight Stop case?
The Eaton Centre tied ribbons on the necks of his sculpted geese; Snow sued, and in 1982 the court ordered the ribbons removed, protecting the work's integrity.
6List four fair dealing purposes.
Any four: research, private study, education, parody, satire, criticism, review, news reporting.
7What's the difference between inspiration and plagiarism?
Inspiration takes an idea or technique and makes something new. Plagiarism presents someone else's work as your own.
More practice: warm-up
1True or false: if you buy a painting, you can sell posters of it.
False. Owning the object isn't owning the copyright.
2What does "public domain" mean?
The work is no longer protected by copyright; anyone may use it.
4Is a sketchbook copy labelled "study after Emily Carr" plagiarism?
No. It's a labelled learning exercise, not presented as original work.
5What does the Igloo Tag identify?
More practice: on your own
1Why is tracing a photo and changing the colours still a copyright problem?
The composition and image still belong to the photographer; changing colours doesn't make it your original work. You'd need permission or a licence.
2Explain why forgery is harmful, using the Morrisseau case.
Fakes cheat buyers, damage the artist's legacy and reputation, and take money and recognition from the artist's family and community.
3A classmate wants to use a sacred Indigenous symbol on a skateboard design because it "looks cool". What would you advise?
Don't: it's cultural appropriation. Learn about it from the community's own sources, and create a design from your own experiences instead, or support Indigenous artists directly.
4Why should you keep your sketches and files?
They document your process and can prove your work is original if anyone questions it.
5Write a correct credit for a public domain painting: Tom Thomson, The Jack Pine, 1916 to 1917, from the National Gallery of Canada.
**Tom Thomson, The Jack Pine, 1916–1917, oil on canvas, National Gallery of Canada.** (Public domain.)
Challenge
1Warhol's soup cans copied a commercial label. Duchamp's Fountain (1917) was a factory-made object. Why are these considered art rather than plagiarism?
They openly used existing things to make a new point about art, commerce and what counts as art; they weren't pretending to have designed the originals. The idea and context were original. (Whether such borrowing is legal today depends on how much it transforms the source.)
2Should AI-generated images be allowed in art contests? Give a balanced answer.
Model: For: AI is a new tool, like the camera once was. Against: many models are trained on artists' work without consent, and it can be hard to judge the entrant's own skill. Balanced view: allow it only in a separate category with clear disclosure, and respect artists' rights.
3Your friend's mural design for the school is copied by a local business for its logo. What rights does your friend have, and what should they do?
Your friend holds copyright (and moral rights to credit). They could ask the business to stop or pay a licence fee, keeping dated sketches as proof, with help from an adult or, if needed, a lawyer.
Check your understandingQuiz
1. In Canada, copyright on your drawing begins...
2. Copyright in Canada usually lasts...
3. Which use is most likely fair dealing?
4. Michael Snow's Flight Stop case was about...
5. Presenting someone else's work as your own is...
6. A CC BY licence means you may use the work if you...
7. Buying an original painting gives you the right to...
For parents and teachersBig idea: C3.1 asks students to identify legal and ethical issues related to visual arts. This lesson gives a plain-language overview of Canadian copyright; it is not legal advice.
How to help: When your child uses online images for school, ask "Who made this? Do we have permission or a licence? How will you credit it?" Encourage taking their own reference photos.
Common difficulties: believing anything online is free; thinking small changes make a copy original; forgetting credit lines; posting photos of friends without asking.