5 Ways Artists Break the Law and How Not To

5 Ways Artists Break the Law and How Not To

All the time these days, I see posts from fellow artists and creators who have had their entire Etsy shop or YouTube channel taken down overnight. No warning, no explanation, it’s just gone.

What stands out is that in many cases, they genuinely don’t think they’re doing anything wrong. This is where things can get tricky as an artist on the internet. We use references, share our work, and sell pieces, but there are legal lines built into all of that, and they’re not always obvious. Which makes it surprisingly easy to cross one and break the law without even realizing it.

In this post, I want to walk through five ways that artists can accidentally break the law and how to avoid them. Hi, my name is Sterling, and I’m the artist behind Cactus Lady Creation. I also want to mention that I’m not a legal expert. This is for informational and entertainment purposes, and I’m sharing from my personal experience as an artist and business owner, along with my own research and what I stay mindful of in my work.

A lot of the copyright law referenced here is specific to the United States, since that’s where I’m based. If you’re elsewhere, it’s important to look into the laws that apply in your country as well.

I’ll point you to sources throughout so you can explore further if you want to go deeper.

 

 

1st Way: Using Copyrighted Images Without Permission

This is probably one of the most common issues, especially if you’re posting online or creating work based on images you find. It’s using copyrighted images without permission.

I’ve seen this happen a lot. Someone pulls an image from Pinterest or Google, uses it in their artwork, or reposts it, and assumes that crediting the original creator makes it okay.

But copyright doesn’t really work like that. The person who created the image automatically owns the rights to it. That includes how it’s reproduced, shared, or used commercially. So even if you’re not trying to claim it as your own, using it without permission can still be infringement.

You might hear that images can be used for educational purposes, and that can be true. Fair use is built into copyright law for things like teaching, commentary, or research. For example, I occasionally share images from other creators for educational purposes and always give credit.

But even then, it depends on how much of the image you’re using, how you’re using it, and whether it affects the original creator. Simply stating “this is for education” doesn’t automatically mean you’re in the clear.

The U.S. Copyright Office provides clear guidelines on ownership and usage rights. Using licensed image libraries or resources that are approved for commercial use can remove a lot of the guesswork and help you avoid issues later.

 

2nd Way: Selling Fan Art Without Understanding IP Laws

This one can feel confusing because it’s so normalized. Selling fan art without understanding intellectual property laws is extremely common.

You’ll see fan art everywhere. It’s on Etsy, at markets, and across social media. That can make it seem like it’s completely fine to create and sell work based on existing characters or franchises, but legally, it’s not that simple.

A few years ago, there was a well-known case involving a Florida business that was sued by The Walt Disney Companyfor trademark and copyright infringement. The company was creating and reselling mouse ears that allegedly resembled Mickey Mouse, along with other themed apparel tied to Disney characters.

Disney has also taken legal action against Etsy sellers offering products that allegedly infringe on copyrighted intellectual property. These cases have included unauthorized products featuring characters from films like Frozen, The Lion King, and Aladdin. According to reporting from Creators Law Firm and Godfrey Legal, Disney has pursued claims involving copyright infringement, unfair competition, and violations of the Digital Millennium Copyright Act.

In response, Etsy has removed listings and suspended shops while investigating claims, as outlined in the Etsy Seller Handbook on intellectual property policies.

It’s also worth noting that cases like these reinforce how seriously companies protect their intellectual property. According to the Federal Trade Commission, intellectual property includes copyrights, trademarks, patents, and trade secrets.

So when you use recognizable characters, logos, symbols, or very specific designs tied to a franchise, those rights belong to the original creator or company.

If you want to explore this further, the United States Patent and Trademark Office has extensive resources explaining how trademarks protect brand elements like names and symbols.

Even if you create the artwork yourself or change the style, if it’s still clearly tied to a specific character, brand, or public figure, it can still be considered infringement.

What makes this more confusing is that enforcement isn’t always consistent. Some shops go untouched while others are taken down quickly. A safer direction is creating work inspired by an aesthetic, mood, or theme rather than a specific character or franchise.

 

3rd Way: Using Music Without Proper Licensing

This comes up more often than people expect, especially when sharing art online.

You might spend hours on a piece, film the process, edit everything together, and then add a song you love at the end. It feels like a small detail, but it’s actually a big deal.

I’ve seen creators have their videos muted, demonetized, or taken down entirely because of the music they used. Often, they assumed it was fine because the audio was trending or widely used.

But using music in your content, especially when tied to your art business, requires proper licensing or permission.

It can also be confusing because each platform has different rules. Music available within apps like TikTok or Instagram is often cleared for personal use, but not always for commercial use. If you’re promoting your work or selling products, that distinction matters.

The U.S. Copyright Office outlines how music is protected and what permissions are required. You might see others using the same audio without issue while your content gets flagged, which can be frustrating. That inconsistency comes down to enforcement, not the absence of rules.

The simplest solution is to use royalty-free music or audio that is licensed for commercial use. Platforms like YouTube and Meta offer built-in libraries, and external services like Epidemic Sound, Artlist, and Soundstripe provide licensed options that remove uncertainty.

 

 

 

4th Way: Not Disclosing Ads or Sponsorships

This tends to come up as your art grows into a business. You might receive products from a brand, include affiliate links, or collaborate on content. It can feel natural, like you’re just sharing something you genuinely like. But legally, if there’s any kind of working relationship, whether it’s payment, gifted products, or commission, it needs to be disclosed.

Many artists unintentionally skip this step because it doesn’t feel like an advertisement. It feels like part of their normal content. But from a legal standpoint, transparency is required. The Federal Trade Commission has clear guidelines stating that any material connection between a creator and a brand must be disclosed. Being direct goes a long way. Phrases like “this is gifted,” “this post is sponsored,” or “these are affiliate links” make your relationship clear and keep you aligned with legal guidelines.

 

5th Way: Not Protecting Your Own Work

This one is a little different. It’s not about what you’re doing wrong, but what can happen if you’re not aware of your rights. Speaking specifically as a textile artist, if you’re in the crochet or fiber art space, you’ve probably seen conversations or even feuds around people “stealing” patterns or designs. A lot of that confusion comes from not fully understanding what copyright protects. Under U.S. copyright law, specifically Section 102 as outlined by Cornell Law School, copyright protects original works of authorship fixed in a tangible medium. This includes written patterns, instructions, photos, and the specific way something is expressed.

If someone copies your pattern word for word and redistributes it, that’s infringement. But the idea behind the design itself is more nuanced. There are only so many ways to construct garments like sweaters, tops, or bottoms, so similarities are naturally going to exist. Copyright does not protect general ideas, methods, or functional elements. It protects your specific expression. Your wording, your structure, your exact pattern.

At the same time, there are situations where designs are clearly taken and reproduced at scale. Independent artists sometimes see their work appear on fast fashion sites, mass-produced at lower prices, sometimes even using the original creator’s photos. That is a direct violation of copyright law. Research such as Pattern Thieves, Scammers, and Scrapers: Intellectual Property Theft in the Crochet Industry highlights how widespread this issue has become in fiber art spaces. Once your work is online, it becomes more visible and easier to copy. That’s the reality. But your work is automatically protected the moment you create it.

You can also add layers of protection, like terms of use, watermarks, or formal registration if you want stronger legal backing. Understanding these distinctions helps you navigate these conversations with more clarity. Not everything that looks similar is infringement, but your work still holds value and protection.

 

Final Thoughts

At the end of the day, most artists aren’t trying to break the law. A lot of this comes down to not fully knowing where those lines are, especially when so much is normalized online.

There are things to be mindful of in how you use references, music, and partnerships, but there’s also real value in understanding what’s yours and what you have the right to protect.

Once you understand those boundaries, it gives you a different level of confidence in how you create and share your work.

Thanks for being a part of this community and taking the time to read.

 

 

Sources

 

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