My Art Belongs to Me

When you find your art used somewhere without permission, when you come upon it out of context and in the wrong place, there is a moment of shock. It stops you cold. Then the reaction is visceral. There is a physical feeling in the pit of your stomach.

Art is part of us. When artists create, we put a small piece of ourselves outside in the world.

When a friend recently heard that I had some of my works stolen (and that’s what copyright infringement is), she shouted swear words at her computer. This is not someone who swears normally. She is a refined, gentle, elegant woman who spends her days painting beautiful watercolours. She had that strong reaction because she is my friend but also because she knows what it feels like. She has been through the same horrible experience.

Some artist friends have said that they don’t even look anymore for the violations because the pain of dealing with these situations causes artistic paralysis. Are you getting an idea of how big this is?

Art thieves not only deprive the true artist of income but cause physical stress and heartache. It literally hurts to have work stolen.

This is not just an internet problem. Years ago, I had my images used without permission by two American companies. This was well before the internet, so the compulsion to steal artists’ work is not new. Some theories I have are that it can be attributed to laziness, a lack of creative vision or brazenness. People think they won’t get caught. For some, maybe it’s a budget thing. It’s cheaper to steal than to pay for legitimate use. However you explain it, it’s wrong. I had to hire a copyright lawyer that time. It was time-consuming. It was emotionally draining. I can still recall the emotional toll of that period all these years later. It is imprinted on me.

One of the most recent cases I have been dealing with is a government office in Canada that used my ‘Maples Leaves’ painting as if it was clip art on their website. Clip art! A communications department in a Canadian government office. It blows my mind. You would think a department of communications professionals would have a moral and legal sense of what is right and wrong in their own country.  They did remove my image (actually, images, as they used it twice) from their website but it was only after I sent them an invoice for illegal use of it. They then sent me an email saying that my name wasn’t on the art so they had no idea it was mine! It was an oversight, they said. They wouldn’t be paying the invoice. They considered the matter closed. 

When I saw that explanation, I saw red. I wrote an email back to them within minutes. My daughter could hear me pounding the keys of the computer keyboard from upstairs. I sent my response to them and posted it on my Facebook page.

Here’s what I said:

“While I appreciate that you removed the image on Friday, you and I know that it was only after I sent you an invoice.

There are millions of images on the internet. Google has a wealth of images that will appear after any search--it is a gathering place, nothing more. It is not a pool of clip art available for the world to use. Just because you can see things doesn't mean that you can use them.

As a Canadian visual artist trying to make a living from my art, I don't think you understand how heartbreaking it is to see my art used and abused in this way. It feels like a violation.

I remain shocked that a communications function in a Canadian governmental body would not have a better grasp of internet use as well as copyright issues and laws.

An 'oversight'? I think there are other words that would much better describe it. Here are some: theft, copyright violation, illegal use.

My invoice stands and I remain angry--actually more so after your meagre explanation.

Kathleen Maunder

Days after sending that email, I am still tossing and turning in my sleep. How hard is this to get? Infringing on someone’s copyright cannot be described as ‘an oversight’. 

Let’s talk cars instead of art because maybe that’s easier for some people to understand.

My car is parked in my driveway.  Is stealing it right?  No, someone might say, because it’s clear it belongs to me. It’s in my driveway and it has a licence plate on it. Plus we all know that stealing something that belongs to someone else is illegal.

Okay, so now you see my car on the street somewhere. It doesn’t have a licence plate because someone removed it. Is stealing it okay? According to the logic of the government office I’ve been dealing with, then it would be fine. It’s no longer clear that that the car belongs to me so it’s fair game for them to take it for a joyride and maybe even take it home. But you and I know that the second case is exactly the same as the first. It is still illegal to use and steal property that belongs to someone else. 

So, now I am having to decide whether I hire my copyright lawyer again. I have a commissioned painting I am about to start work on--a touching, beautiful commission with a very sad story behind it. This painting requires me to be fully engaged in it. I have a craft show to prepare for in mid-October that will involve hours of work. Autumn, one of my very favourite seasons, is about to start.  Yet, because of some people’s lack of morals and inexplicable ignorance of copyright law, I have been dealing with anger, discouragement and lack of sleep.

I know that most of the people who come to my blog are artists and/or art lovers. I realize I am preaching to the converted. But maybe, just maybe, someone will come here who hadn’t really thought about how hurtful using other artists’ work is. Maybe they will think twice before they copy an image and use it in some way. Maybe if they really want to use it, they’ll contact the artist and ask if it’s okay and how much it would cost. Maybe, if they don’t know who it belongs to they will plug it into Google Images Search and find the source. Maybe if they do share it on Pinterest or Tumblr or wherever else, they will make sure that it is attributed correctly back to the source. I really, really hope so.

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While there is a strong compulsion to stamp my name on top of every piece of my art, I won't do it. This blog is about sharing my art, my process, my love of flowers and nature and being part of an international art community. I will continue to post photos of my paintings here, in my Etsy shop, my Facebook page, Twitter and Instagram accounts. There is text at the bottom of my blog stating that all images belong to me. There is similar text at the bottom of every Etsy listing. Those who choose to abuse art images know in their heart of hearts that it is not due to some mistake of the artist. 

The fault is completely their own.







I have good news. My dispute with the District of West Kelowna has been resolved in a positive way. Please read about it here.