Verified on 30 October 2026. Should any information have changed, notify me and I shall update it with the date of the amendment.
Drawing from a photograph, a work or another person's character is a standard way to learn. The legal uncertainty arises when you wish to publish or sell what you have created. This guide explains what the law states regarding visual references, what image banks permit and why there is no percentage rule. For protected characters, consult Fanart: what you may do with third-party characters. This is information, not legal advice.
Three distinct uses: studying, publishing, selling
The Intellectual Property Act reserves the exclusive rights of exploitation of a work to the author: reproduction, distribution, public communication, and transformation (Article 17). The critical factor is the intended use of your drawing:
- Study. Copying or tracing a work in your sketchbook for learning purposes, without publication, does not constitute exploitation. This is my own analysis based on Articles 17 and 21.
- Publishing. Uploading a copy or a derivative drawing to a website or social media constitutes communication to the public and may require authorisation from the rights holder.
- Selling. Work that reproduces or transforms a third-party work for the purpose of sale constitutes commercial exploitation.
There is no percentage rule
It is frequently asserted that changing '30%' of an image, or 'three elements', is sufficient to create a new work. The law does not state this. Article 21 defines transformation as any modification from which a different work is derived, and reserves the right to authorise its exploitation to the author of the original work. No source I have reviewed establishes a specific percentage or number of modifications.
A practical question, which is my own and not the law's: is the photograph or the specific work from which you are drawing, with its composition and expression, recognisable in your drawing? If it is recognisable, the risk is greater, even if you have altered details.
The Court of Justice of the European Union, in the Pelham ruling (C-476/17, 29 July 2019), determined in a music-related case that taking a portion, however brief, of a recording is in principle a partial reproduction, unless it is incorporated in a modified form that is unrecognisable to the ear. Furthermore, the quotation exception requires that the cited work be identifiable. This ruling concerns sound, and I have not located one applying this reasoning to a drawing.
Photographs
- Your own. If you take the photograph, you hold the rights to it. Article 10 protects original photographs, and Articles 128 to 130 grant the creator of a mere photograph the exclusive right to authorise its reproduction, distribution, and public communication for twenty-five years from 1 January following its creation.
- Third-party works. A photograph taken by another is generally protected for the duration of its term. Using it as a reference for study is one use; reproducing its composition for publication or sale is another.
- Recognisable individuals. Photographs of people also raise issues regarding image rights, which this guide has not verified.
Image banks
The terms of each bank vary: read the current conditions before using an image.
| Bank | What it permits | What it prohibits |
|---|---|---|
| Pexels | Free download and use, without mandatory attribution, and modification | Selling unaltered copies, suggesting endorsement by individuals or brands, redistributing on stock platforms and using the content as a trademark |
| Pixabay | Free use, without mandatory attribution, and modification | Isolated sale or distribution, certain commercial uses of content featuring recognisable trademarks, illegal or deceptive uses and integration into trademarks; it warns of third-party rights |
| Wikimedia Commons | Depends on each file, which has its own licence or is in the public domain | Attribution, licence identification and share-alike may be required; non-commercial-only licences are not supported |
| Unsplash | Download, copy, modify, distribute and use photographs for free, for commercial and non-commercial purposes, without permission or mandatory attribution, although it is appreciated | Selling photographs without significant modification and compiling images to reproduce a similar or competing service |
The fact that a bank permits the use of a photograph does not waive the rights of the individuals or brands appearing therein. Pixabay expressly warns of this.
Works in public spaces
Article 35 of the Intellectual Property Act permits the free reproduction, distribution and communication of works situated permanently in parks, streets, squares or other public thoroughfares by means of paintings, drawings, photographs and audiovisual procedures. Drawing a sculpture or a street mural falls within this provision. For details, consult the guide on freedom of panorama.
Citation and study for educational purposes
Article 32 regulates citation, review and illustration for educational or research purposes, within strict requirements. It is not a general authorisation to use a recognisable reference for any purpose. This is explained in Teaching citation and illustration: what Article 32 permits.
Learning from a style and reproducing protected elements
Learning to draw using the anatomy, rhythm or framing of an author is not copying their work. Copyright protects specific works, not styles. This is a general principle that I have not cross-referenced with a judgment in this review. What is protected are specific creations: a character design, a composition, a page. More on this limit in From manga to your own drawing.
Attributing and preserving references
These measures reduce reliance on a single platform:
- For every reference, record the URL where it was found, the author's name, the date, and the licence, including a screenshot of the licence page.
- If the licence requires attribution, ensure it is provided. Even where not mandatory, attributing those who assist in your learning process is considered best practice.
- Retain your sketches and the reference alongside the finished drawing: should a claim arise, these serve to demonstrate your starting point and subsequent modifications.
Checklist prior to publication or sale
- Is the reference my own, in the public domain, from a licensed stock library, or belonging to another party?
- Have I reviewed the current licence and do I respect its limitations?
- Is a specific work, photograph, or character recognisable within my drawing?
- Are recognisable individuals or trademarks present?
- Do I intend to charge for the work or sell it as part of a product?
- Have I archived the source and the licence?
- In cases of significant doubt, can I choose another reference, use my own, or obtain written permission?
Points requiring clarification
- The version date of the Unsplash licence, which is not stated on the website.
- Image rights concerning the individuals photographed.
- European or Spanish case law applying the reasoning of Pelham to a drawing based on a reference. Following two searches, I have not located a CJEU or Supreme Court ruling establishing a general criterion of recognisability for visual works; Deckmyn addresses parody and does not establish such a rule.
- The principle that copyright does not protect styles, verified against a court ruling.
Itineraries
I am starting my practice
Study as much as you wish. Before publishing, use your own references or those with a clear licence, and record the source.
I am going to sell or exhibit
To sell your work, base it on your own references, those in the public domain, or those with a permissive licence. If you rely on another person's work, obtain written permission.
An open conversation
This guide compiles regulations, two court rulings, and the terms of three image banks. If you work in intellectual property and can provide a ruling regarding references in drawing, you may contact me.
Sources
- Intellectual Property Act, consolidated text (BOE), arts. 10, 17, 21, 32, 35 and 128 to 130.
- CJEU, case C-476/17, Pelham.
- CJEU, case C-201/13, Deckmyn and Vrijheidsfonds.
- Pexels, licence.
- Pixabay, licence summary.
- Unsplash, licence.
- Wikimedia Commons, content reuse.