Let’s talk about copyright infringement! I’ve already written a post on what to do when you’re work gets used (stolen) without your permission last year, but as it still happens to me and other illustrators so many times I think it’s time to bring this topic up again and dive in a bit deeper. Why I am writing this blog post? Two reasons. One is that the work of an artist is their livelihood and needs to be respected in order for them to earn a living. The second reason is that it’s good for people that use images from the internet to know what they’re dealing with and that it can cost a lot of money if you don’t use it correctly. So, this is for both sides: the creator and the user.
But before getting into the nitty-gritty, let me explain in just one sentence what the rule (and law) is:
You can not use an image you found on the internet without permission of the copyright owner.
Yes, it’s that simple. It’s not rocket science 🙂 So, let’s dive into it deeper now!
Because of the internet, everything seems to be free these days. Whatever you’re looking for, it’s right there with a few simple clicks. But it’s not as simple as you think, because before you know it you’ll be stealing someone else’s property. Did you know it’s an actual crime if you use an image that you randomly found on Google and use it for your blog, product or company? But what if you’re the maker of this image? When someone steals your work, you might feel helpless and don’t know what to do. But actually, you can do something and you’re fully in your right to do so.
As an illustrator it has happened, and still happens, to me often. In the first few years of my career I didn’t know how to respond. When I came in contact with my legal advisor she ensured me I was in my full right when someone used my work without asking or crediting me. Then, it happened again, and I was fed up with it an decided to legal action.
Because this can be quite intimidating, I wrote down how it works.
Taking without asking is always wrong
First of all: anyone that randomly takes an image from the internet for their own gain must know that most images are made with love and care by an actual person. People tend to forget that. The image that was stolen from me was an illustration I made with a lot of love for an online magazine and took me hours to create. To see it spread over the web without any regard to me, hurt me on a personal level.
Stealing apples Imagine you are walking down a street with little shops. You pass one that sells fruit and the owner has laid out their apples, pears and oranges in baskets in front of their shop. They look delicious and you really want an apple. What’s your next step? Do you just take one without asking the shop owner how much they cost and walk away without paying? I sincerely hope you don’t. Even when you have no money and you’re really hungry, you can always ask the shop owner if they can spare one. Always ask first. The same thing goes for images you found online: always ask the maker.
5 of the most common excuses people use when they steal an image:
1. “I’ve put your name on the website/blog/product.”
Not good enough. Even if they credit the maker, that still doesn’t mean you can share it. You always need consent of the maker.
2. “I found it on Google and didn’t know it was copyrighted.”
If someone runs a business and they don’t know Google isn’t a stock image website, they should educate themselves first. Google is a resource website where you can find information on all topics in the world, and also related images. It’s not a free database of images people can use.
3. “I couldn’t find the maker of the image.”
If they don’t know who made it, or can’t contact them: don’t use the image. Further more: you can use Google reverse image search to find out who the original maker is. If you still can’t find it: don’t use the image.
4. “Our intern/freelance contributor uploaded your image.”
Doesn’t matter: the owner of the website is responsible for all things uploaded on their website.
5. “I found it on another website, and it wasn’t credited there.”
“But someone else stole apples too!” Then they both are in the wrong and you can send them both a legal letter. Just because it was published already somewhere else, doesn’t mean it’s up for grabs.
Above: the work that was taken by a dozen websites who used it, didn’t credit me and even edited it.
7 Steps to protecting your work better
1. Protect your work as much as you can
Better safe than sorry: watermark your work as much as you can. Make sure it’s not that easy to steal your image. Add a copyright sign with your full name in all the images you put online. You can see an example of mine above.
Make sure you know enough about copyright and licenses before entering the battle. You can take on a legal advisor to help you with this. I wrote a blog about copyrights in Dutch a while ago, which you can read if you’re under Dutch law.
4. Collect evidence
Make screenshots of the websites/platforms that used your work, and save the addresses. If they copied your work and made a physical product, buy the product as proof.
5. What is your goal?
Do you want them to stop using your image, or do you want financial compensation as well? Decide beforehand what your goal is. You can even ask them to work with you next time, and pay you for your work.
6. Contact the infringer
Look for the contact details of the infringer. This doesn’t have to be a written letter necessarily, it can also be an email. It should contain the following: – What the infringement is; – Where the infringement has been found; – What your damage is; – The kind of solution/settlement you’re offering; – The time limit you’re giving the infringer to meet your settlement.
7. Wait and negotiate
Then you wait until the term you set has passed. Check if the infringer did everything you asked for. If they didn’t, send them another letter or email but be even more firm this time. If you haven’t already, get a legal advisor involved, or buy a warrant from Charlotte’s Law. In most cases, a firm letter will settle it but if they don’t cooperate, you can take the next step and fight it in court.
These steps are written with help from Charlotte’s Law-blog. You can read more in Dutch about copyright infringement on her blog. If you speak Dutch, don’t miss that.
What if you are the one wanting to use an image you found online?
First, figure out who the maker is. Again, use Google reverse image search. If you can’t find the maker, do not use the image.
If you do know who the maker is, contact them and ask for permission to use the image and let them know what you will be using it for (what/where/how long). Offer money for a license. This is only fair.
Do not edit the image, ever. If you need adjustments, ask the maker to do so.
Left: my original comic, as uploaded on Facebook and Instagram. Right: the edited comic with translation, without my consent.
Meer lezen over foto’s gebruiken die je online vond?
In deze post lees je of je zomaar foto’s mag gebruiken die je online vond en wat de regels zijn
If you know someone who needs help with copyright infringement, do send this blog to them. Spread the word, help creative makers around the globe.
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Since becoming a freelancer, I’ve had countless questions pop up in my inbox about copyright, licensing, and all those legal-ish things that seem a bit fuzzy at first. How exactly does it all work? How do you make proper agreements with clients about how they’re allowed to use your work? And how on earth do you figure out the price of what you’ve created?
Trust me, I’ve been there too. But after doing my homework (read: deep-diving through articles, books, and conversations with fellow creatives), I’ve managed to wrap my head around it — and now I want to help you do the same.
The making fee
Whenever I take on a commission, the first thing I do is calculate how many hours the work will take. This will obviously differ from one illustrator to another — we all work at our own pace — but I can usually estimate the time pretty accurately by now.
Once I know how many hours it’ll take, I just use this little formula:
(hours) x (your hourly rate) = making fee
That hourly rate is always excluding VAT, and so is the making fee that comes out of the equation. But hang on — you’re not quite done yet. There’s one more piece of the puzzle: the licence.
A note before you read further: I’ve noticed that quite a few fellow illustrators and designers are using the content from this blog on their own websites — and hey, I get it! It’s great that you want to explain things clearly to your clients. But just a friendly reminder: text is also protected by copyright. So if you’re using anything from this blog, please give credit where it’s due. Pop in a link, mention the blog, that sort of thing. It’s a small gesture that goes a long way, especially considering the time and energy I’ve poured into this post. Deal?
Licences
Think of a licence as a usage right. It’s the permission you, as the creator, grant a client to use your work in a specific way. For instance, you might grant a basic licence to allow an illustration to be used on a poster. But — and this is important — the copyright stays with the maker (you!). Even after an invoice has been paid, the client can’t just run wild and use the work wherever and however they please.
Why do you pay for a license as a client? Because sometimes, clients go on to make money with the work you’ve created. And while the making fee covers your time and skills, it doesn’t reflect the value of the design once it’s out in the world. If a design is used more frequently or more broadly, it naturally becomes more valuable.
A licence spells out where (medium), for how long (duration), and in what way (nature of use) the work can be used. Those three aspects — plus exclusivity — all help determine the licence fee. For example, an illustration for a book cover might command a higher licence fee than one used in a school textbook, because the visibility and commercial potential are different. Personally, I don’t charge a licence fee for private commissions like personal portraits, but if that portrait is used on a company website or for branding? Then yes, a licence fee applies. Also, agree on the territory: will it only be used in your country? Europe? Worldwide? With web use, that gets trickier (websites are global, after all), but you can use the website’s language and domain extension to help define it.
The total sum is: making fee + (making fee x licensing percentage) = total price
Most of the time, I use 20–30% of the making fee as the base for my licence fee — but that’s just a guideline.
Types of licences
There are four main types:
Exclusive, limited licence
Exclusive, unlimited licence
Non-exclusive, limited licence
Non-exclusive, unlimited licence
An exclusive licence means the illustration can’t be reused elsewhere by the illustrator during the agreed period. With a non-exclusive licence, the illustrator can reuse the work for other purposes (unless there’s a conflict of interest).
Limited licences clearly define how the work can be used. If you’re making illustrations for a children’s book, that’s limited use. If the client wants to turn them into merchandise (mugs, plushies, etc.), you can include that too — and it’s still a limited licence, just more expansive.
Unlimited licences allow clients to use the illustration for anything and everything, without coming back to you for new permissions. You’re giving them free rein — and naturally, that comes with a higher price tag.
Online class about copyright and licences
Want to feel confident negotiating with clients? Pop your email below and I’ll send you a heads-up when the next round of my online class is open for enrolment.
What needs to be in a licence?
A well-structured licence should cover:
Medium (e.g. title of book or magazine)
Duration (e.g. first 1,500 copies or three years online)
Territory (e.g. only in the Netherlands and Belgium, or worldwide)
Exclusive or non-exclusive
Limited or unlimited use
Putting It in Writing There’s no official rule that says a licence must be written down, but seriously — always do it. Whether it’s in your contract, quote, or invoice, having things in black and white saves a lot of hassle later on.
You can add the licence terms as a paragraph in your quote or include it as a separate PDF attachment (just be sure to reference it clearly in the main document). When your quote is accepted, that means your client agrees to the licence too.
One-Time Use If the illustration will only be used once (say, in one issue of a magazine), you can include the licence fee in your overall price. Just make sure the quote and invoice clearly specify the where and what — for example, “One-time publication in [Magazine Name], Issue [Number].”
Breaking it down: Making fee vs Licence
It’s good practice to split your fee into two parts:
70%: making fee
30%: licence fee
If your work is misused later, you’ve got a paper trail that clearly shows your usage terms — which can be helpful in legal situations.
Additional licences
Say a client originally commissions you for a poster, but later wants to use it on their website too. That’s where an additional licence comes in. In most cases, you can charge around 30% of the original making fee. If the illustration adds commercial value, the creator deserves fair compensation too.
Sometimes, a client wants to use the illustration widely and indefinitely. Start by offering an unlimited licence — where you retain copyright, but they don’t need to come back for additional uses. This is sometimes referred to as a “buy-out”.
Important: make sure the language is super clear. Some clients assume a buy-out means they own your work. Spoiler: they don’t — not unless you transfer your copyright.
Pricing for unlimited use? That’s typically 50%–200% of the making fee, depending on how broadly the work will be used. The more value the client gains, the higher your percentage should be.
To calculate a fee for an unlimited licence, you can use the following formula:
Fee for unlimited licence: making fee + (making fee x unlimited usage percentage) = total fee
Transferring copyrights (as a last resort)
Giving away your copyright? Massive decision — and rarely necessary. If you hand over your rights completely, the client owns your work. That means you no longer have control over where or how it’s used. You can’t claim library lending royalties, and you might even need permission to share it in your own portfolio. Personally, I almost never transfer copyright. An unlimited licence usually does the job just fine.
If you do go down that road, charge significantly more than you would for an unlimited licence. Not just because you’re giving up something valuable — but also to discourage unnecessary transfers.
Royalties
Let’s say you illustrate something for a product — a mug, tote bag, stationery line, or a book. Instead of (or alongside) a fixed fee, you might set up a royalty agreement: a percentage per item sold, based on the wholesale, production, or retail price. This way, you share in both the potential success and the risk of the project. Often, this is paired with an advance (a non-refundable upfront payment). For something like a picture book, royalty percentages typically range between 5% and 10% per sold copy.
The grand total
So, what does a client actually pay?
Making fee + Licence fee = Total amount (excluding VAT)
Be clear in your quote. Specify the licence (medium, duration, and scope) and your timeline for delivery. Transparency helps everyone.
One more thing: Terms and conditions
Always include your terms and conditions with every quote and invoice. It protects you and your work.
Is someone using your work without your permission?
In this article you can read how to protect your work in 7 steps.
Please note: I’m not a lawyer and I don’t have formal legal training. I’m an illustrator who’s done a lot of reading and research into copyright and licensing. If you have any additions, or spot something that’s not quite right, I’d genuinely appreciate you letting me know. Also, this blog can’t be used as legal evidence in court.
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