Respecting Creativity: Why Copyright Matters — A Case from Right Here at Home
- Linda Forrester
- Aug 25
- 5 min read
Updated: Aug 27
When a local artist is forced to take legal action, it shines a harsh light on the issue of originality and respect in the arts. Photographer Shane Batham, known for his breathtaking images of the Whitsundays and the Great Barrier Reef, has filed a lawsuit against the Hamilton Island Gallery, accusing it of profiting from his work without permission.
Batham alleges that his photographs were used as the basis for paid art classes, where participants were directed to copy or adapt his images. Not only were these sessions conducted without his consent or credit, but works produced by the instructor were also sold commercially. Every piece created in those classes, overseen by the gallery’s curator, is now considered an infringement of his copyright.
Crucially, the book of Batham’s images used in the classes carried a clear copyright notice. Yet under the Copyright Act 1968, such a notice isn’t even required—his work is automatically protected by law. The case highlights a troubling disregard for artistic rights and raises urgent questions about how institutions value and respect creative property.
This case highlights a vital issue: copyright is not simply a legal formality; it’s about fairness and respect. While this dispute centres on a local artist, the principle extends far beyond our community. Copyright protection is international, and artists across the globe rely on it to safeguard their livelihoods and creative integrity.
Why Copyright Matters Everywhere
Every creative work—whether a photograph, painting, sculpture, song, or film—represents a significant investment of skill, time, and passion. Copyright laws exist to ensure that creators retain control over how their work is used. Disregarding those rights, whether intentionally or not, undermines the very foundation of artistic exchange.
In today’s connected world, where images and ideas are shared instantly online, the potential for infringement is greater than ever. That’s why respecting copyright globally is essential—not just to avoid legal issues, but to foster a culture of respect and sustainability in the arts.
Common Ways Artists Can Infringe Copyright
Artists may unintentionally cross boundaries without realising it. Some of the most common areas of risk include:
Using photographs: Copying or painting directly from another person’s photo without permission, whether it’s from a book, website, or social media.
Copying other artists’ paintings: Reproducing or closely imitating another artist’s painting, even as a study, and especially if sold or exhibited.
Using famous faces: Creating portraits of celebrities or public figures without consent, particularly if the work is sold commercially.
Logos and branding: Incorporating brand names, trademarks, or company logos into artwork without authorisation.
Film and television stills: Re-creating images from movies, TV shows, or streaming content without a licence.
Album covers or posters: Copying music-related imagery or promotional designs.
Illustrations and cartoons: Redrawing or adapting illustrations, comics, or characters owned by another artist or publisher.
Cultural or historical images: Using images of artworks in museums, galleries, or archives without checking copyright status.
Online content: Downloading and using artwork or photography from websites, Pinterest boards, or stock platforms without proper licensing.
Music and spoken word: Sampling lyrics, recordings, or soundtracks without permission, if creating multimedia or video art.
Understanding where the line is drawn helps artists avoid unintentionally stepping into infringement.
Learning and Practice vs Public Use
One of the most common questions artists ask is whether they can use someone else’s work purely for learning purposes. The law makes an important distinction here.
Learning and practice (personal use): You are generally permitted to copy someone else’s work for your own private study, research, or practice. This might include painting from a photo at home, sketching from a book, or trying out techniques. The key is that the copy stays private—it cannot be sold, exhibited publicly, or presented as your own original idea.
Teaching contexts: Things get trickier when copyrighted material is used in a structured, paid environment such as an art class. If students are paying to copy another artist’s work, that may constitute infringement unless permission has been obtained. Teachers should instead use their own original images, licensed teaching materials, or works that are clearly in the public domain.
Display and sale: Once a work is put into an exhibition, portfolio, or up for sale—even if it began as “just for practice”—it moves into public/commercial use. That is infringement without permission. Even altered or “derived” works can still be infringing if the original is recognisable.
Globally, the same principle applies thanks to international agreements like the Berne Convention.
The rule of thumb is simple:
practice in private is fine;
display, sell, or teach requires
permission.
How to Stay on the Right Side of Copyright
The most reliable way to protect yourself as an artist is through acknowledgement, permission, and transparency. If you’d like to use another person’s work as inspiration, always ask for consent first. If you’re teaching a class, be upfront about the source of reference materials, and credit the artist clearly. When selling or reproducing art, make sure the licence or rights are in place before going ahead. Not only does this protect you legally, but it also builds trust with your audience and honours the effort of fellow creators.
What to Do If You’ve Already Infringed
If you discover that you’ve used someone else’s work without approval, don’t ignore it. The best step is to acknowledge the oversight, contact the original creator, and be prepared to make it right. That might involve adding proper credit, removing the infringing work from sale, or arranging a fair licensing fee. Handling the matter transparently shows good faith and often leads to a stronger professional relationship.
A Global Responsibility
While the case involving Shane Batham is close to home, it reflects a universal truth: creativity is precious, and it deserves protection. In a global art community, where our work can travel across borders in an instant, respecting copyright ensures that originality continues to flourish. By being mindful, transparent, and fair, we contribute to a creative culture where artists everywhere are valued for their contribution.
As a community, we can set the standard by valuing originality and showing respect for the creators among us. Whether you’re an artist, teacher, student, or art lover, make it a habit to ask permission, give credit, and use resources transparently. By doing so, we not only protect ourselves legally but also nurture a culture where creativity can thrive.
If you would like to learn more about the legalities of copyright, you can refer to the 1968 Copyright Act for guidance. https://www.legislation.gov.au/C1968A00063/asmade/text
This is why copyright matters!
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