I have been a professional artist for almost 35 years now. I work hard, seek out my own inspiration, and paint authentically from my heart about things I am passionate about.
In the art world, it is common knowledge that the minute you finish a piece of art, you own the copyright. However, your legal rights diminish if you haven’t actually filed copyrights with the Library of Congress. Even so, if another person wants to copy your work or make derivatives, they must ask permission. Copying another person’s work is not flattery, it’s stealing. I have been filing copyrights of my work yearly since the beginning of my career. I felt it was an important part of the business of being an artist. This year it paid off–literally.
I started noticing an issue during Covid. My followers were being targeted for merchandise featuring my art, and thankfully they brought that to my attention. Products like paint-by-numbers and home décor appeared primarily on Facebook and Instagram. Tracking down overseas companies was tough, and we fought it where we could–sending cease-and-desist letters, referencing my copyrights–and we got most of it taken down. Some days it was like playing whack-a-mole.
This is when I started the practice of doing random reverse image searches of my art online, maybe once a month. It was interesting what would show up. Graphic designers were using my art in their customer’s branding. On Etsy, “artists” were downright copying paintings (poorly) and offering them for sale. Again, I would do the work, report posts, or reach out and ask nicely to take things down.
A common misconception is that if anything is on the internet, it’s free for the taking. It is not. Even if the image had traveled, meaning it has been shared and reposted so many times the original attribution is gone, you still must do the work to find the source and ask permission. A simple application of the practice would be on Facebook. If you, for example, find a pretty photo online of the Sonoran Desert landscape and make it your cover photo, you need to give credit to the photographer who created it. Photographers who are trying to eke out a living in their profession don’t spent hours creating and editing images for you to use it for free; so reach out for permission, and at the very least give them credit.
Pinterest is a treasure trove for copyright infringements. Again, there’s an assumption that if you can snag it off the site, you can copy it; after all, it’s a site for ideas. Again, this is a false assumption. Several times when I’ve asked an artist who copied me where they found my work, they’ve said Pinterest, and they thought they could copy it. I don’t use Pinterest anymore for that reason.
Earlier this year, I discovered (through a random online search) that an artist found my work on Pinterest, copied it as a large mural in a restaurant, and then was paid handsomely for “his work.” This infringement hurt. This was not a hobbyist or an art student learning to paint, this was a professional artist stealing from another artist. We discussed it as a family, and decided this would be where we would take a stand.
I contacted several artist friends who have walked this road and asked for advice. They generously shared their own copyright lawsuit experience and results. When I asked, “would you do it again?” some said yes, some no. For sure, it felt like a huge gamble. In the end, we (and I know I’m saying we a lot, but we are a family business) decided this was a stitch in time; a line in the sand, a career decision, and most of all (for me personally) a fight on behalf of all my artist friends who work hard to create original work. This was me yelling out the window “insert famous movie line of your choice!”
An artist friend in Santa Fe graciously shared the name of his copyright attorney. I called. I shared the evidence. Most importantly, I shared my copyright Library of Congress number for the infringed work. Our odds improved. They took the case and we got an education in the world of copyright law. Was it a cheep education? No, but they worked with us because we all knew what’s right is right.
We just settled, thankfully out of court. Everyone involved now know what transpired was wrong. The mural will be painted over, expenses paid; and yes, there will be a bit left over for some nice art supplies. Overall, I am very happy with our results.
The purpose of this essay, and our copyright lawsuit story, is to accomplish two things.
First, to encourage you to create your own work. It’s great to be inspired and influenced by other artists, but if you want longevity in this profession, your work needs to be recognizably yours and yours alone. Choose your subject matter from your heart, and then go find it in the world; study it, immerse yourself, and then create! Why would you enter the profession of creativity and then not be creative? Phony art is easy to spot. Don’t be a phony.
Second, protect your work. Maybe you don’t care if your work is copied and sold, and that’s okay; but if you do, if you have plans down the road for your children and their children to benefit from your hard work, you must protect it. Filing a copyright involves the government; sometimes that’s a pain, but overall it’s not a hard task. I sit down and do mine once a year in about a day. And this year, it paid off.
Lastly, I’d like to talk to art collectors. The value of my original art in your collections is important to me. The integrity of my work and my profession should be the best I can offer. That includes my copyright. If any derivatives are made of my work, they will be controlled by me and my family. You are the reason we as artists get to create. Your investment in the work of my hands is monumental to me, and I thank you.
So, gratefully, we are feeling victorious in the fight for what is right. I hope you feel better informed, encouraged, and empowered.
Now if you’ll excuse me, I have original art to create!
©2025 Dyana Hesson
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