Copyright and pet portraits

When you buy a pet portrait, you own the physical artwork: the canvas, paper or print. Copyright is something different. It's the right to copy the image, for example to make prints, put it on a mug, publish it in a book or use it in advertising. Questions about copyright often only come up later, when an artist wants to sell prints or you want to use the portrait on cards. This guide explains the basics in plain language. It's general information, not legal advice.

This guide is general information written in our own words. We don't recommend particular artists or businesses, and we never quote prices: they vary widely with the artist, medium and size, so ask for a written quote. It isn't legal advice.

Physical artwork versus copyright

Owning an artwork and owning its copyright are separate. You can own a painting while the artist owns the copyright, or vice versa. Copyright arises automatically when a work is created; the Arts Law Centre of Australia explains that no registration is needed.

The general rule

The Arts Law Centre and the Copyright Agency explain that, as a general rule, the creator of a work is the first owner of copyright. When an artist is commissioned, copyright isn't automatically transferred to the person who commissioned it. A commissioner usually only becomes the copyright owner if the artist assigns copyright in a written agreement signed by the artist.

The portrait exception

There are exceptions. The Arts Law Centre and the Copyright Agency both explain that, unless there's an agreement saying otherwise, a person who pays for certain works, including a portrait, or a photograph for private or domestic purposes, is generally the first owner of copyright. Whether this exception applies to a portrait of an animal, and in what circumstances, isn't something we can answer for your situation. Because of this uncertainty, the simplest approach is to agree in writing who owns copyright before the work starts.

Implied licences

Even when the artist keeps copyright, the Arts Law Centre explains that a commissioner usually gets an implied licence to use a work for the purpose it was commissioned for. For a pet portrait, that would typically mean displaying it at home. Using it for other purposes, such as selling prints or using it on products, may need the copyright owner's permission. Again, written agreement avoids uncertainty.

Common arrangements

Artists and clients often agree something like:

• The artist keeps copyright but gives the client permission to make prints, cards or social media posts for personal, non-commercial use.
• The artist may show images of the portrait in their portfolio and on social media.
• The artist won't sell prints of the portrait without permission.
• For business uses, such as a pet business logo, the parties agree a specific licence or assignment.

There's no single right answer. The important thing is that you both know what's agreed.

Moral rights

The Australian Copyright Council explains that creators also have moral rights, including the right to be attributed (credited) and the right not to have their work treated in a way that harms their reputation. If you share the portrait online, credit the artist. If you want to alter the image significantly, such as cropping heavily or adding text, ask first.

Reference photos and copyright

Photographs are protected by copyright too. If you took the photo, you usually own copyright. If a professional photographer took it, the photographer may own copyright, depending on when and how it was commissioned. Before sending a professional photo to an artist as a reference, check whether you have the right to use it or ask the photographer's permission. Don't send images from the internet that you didn't take.

Digital files

Digital portraits are easy to copy and share, so it's especially important to agree how files may be used. See our digital portraits guide.

Using the portrait for a business

If you want to use a portrait for a business, such as a logo, signage, packaging or advertising, tell the artist upfront. Commercial use usually needs a specific licence or assignment, and artists may charge differently for it.

Getting advice

The Arts Law Centre of Australia provides legal advice and information to artists and arts organisations, and the Australian Copyright Council publishes fact sheets on copyright. For specific questions, contact them or a lawyer.

Copyright and prints you buy

If you buy a print of an artist's existing work, rather than a commission, you're buying a copy, not the copyright. You can display it, but generally can't reproduce it. The same applies to artworks bought at galleries and markets.

Asking the right questions

Before a commission starts, ask the artist three questions: who owns copyright, what can I do with images of the portrait, and what can you do with them? Write down the answers, or ask the artist to include them in their terms. A minute's conversation now prevents misunderstandings later.

Use the pet portrait planner

Our free pet portrait planner shows how each medium looks, how it's displayed and cared for, and what to expect about timing. It also gives a reference-photo checklist and a list of questions to ask any artist, adjusted for the size you want, the number of animals and whether it's a memorial portrait. It runs entirely in your browser, and nothing you choose is sent anywhere.

Where our information comes from

Factual statements in our guides are based on expert and official sources, including the Arts Law Centre of Australia, the Copyright Agency and the Australian Copyright Council for copyright; the Australian Institute for the Conservation of Cultural Material and the Canadian Conservation Institute for caring for artworks; the ACCC and Scamwatch for consumer rights and safe buying; and museum collections for art history. We link to each source at the end of the page and rewrite everything in our own words.

A good commission in one sentence

A good pet portrait commission starts with an artist whose work you love, good reference photos and clear written terms, and ends with a portrait framed and hung where it's protected from sun, heat and damp. Almost everything else in this guide supports those simple steps.

Questions to ask yourself first

Before contacting an artist, ask yourself: what style and medium do I love, where will the portrait hang, how big can it be, what's my deadline, and which photos best capture my pet? Having answers ready makes your enquiry clearer and helps the artist give an accurate quote.

Pet portraits through history

Animals have appeared in art for thousands of years, and portraits of particular, beloved animals have a long tradition. The National Gallery in London describes George Stubbs's Whistlejacket, a life-size portrait of a racehorse painted around 1762, as probably the most well-known portrait of a horse. Nineteenth-century painters made careers painting dogs and cats, and today's portrait artists continue that tradition in every medium.

Your rights when buying

The ACCC explains that consumer guarantees apply to goods and services bought from Australian businesses. Services must be provided with acceptable care and skill and within a reasonable time if no date was agreed, and goods must be of acceptable quality and match their description. Clear written terms with the artist are still your best protection.

Tell us what you think

We review our guides regularly against their sources. If you notice something out of date, have a question we haven't answered or spot an error, please let us know through our contact page. We read every message and correct mistakes promptly.

Key points

• Owning the artwork is different from owning copyright.
• Generally the creator owns copyright unless assigned in writing, but special rules apply to some commissioned portraits.
• Agree in writing who owns copyright and how the portrait may be used.
• Get permission before using a professional photographer's photo as a reference.