Can Surface Designers Use Online Images? Avoiding Copyright Pitfalls
Picture this: you’re a surface designer scrolling through Pinterest when you stumble across the perfect image. It’s high-resolution, beautifully detailed, and fits your latest textile collection like a dream. But there’s no watermark, no credit—nothing. Can you use it?
Short answer: No.
Copyright laws in Australia are strict, and as a surface designer, you need to know the rules. Using images without permission—even if they’re freely available online—can result in copyright infringement. Here’s what you need to know.
The Copyright Basics for Surface Designers
Under the Copyright Act 1968 (Cth), copyright is automatic—meaning that the creator of an original artwork, pattern, or design owns exclusive rights to reproduce and distribute it. You don’t need to register copyright for it to be protected.
If you take an existing image—whether it’s a photograph, artwork, or illustration—and use it as part of your surface design, you could be infringing on someone else’s intellectual property.
Fair Dealing and Surface Design: Don’t Get Caught Out
Many designers assume that “fair dealing” lets them use images freely, but this is a common misconception. Unlike the broader fair use principle in the US, Australia’s fair dealing exceptions are limited. You can use copyright-protected material without permission only if it’s for:
Research or study
Criticism or review
News reporting
Parody or satire
Legal advice
If you’re using an image for a commercial purpose—such as selling wallpapers, fabrics, or prints—fair dealing does not apply.
What About Orphan Works?
Orphan works are copyrighted images with no identifiable owner. Even if you can’t track down the creator, Australian law still protects their rights.
Imagine you find an old botanical illustration online with no credit or ownership details. You reverse-search the image but still come up empty. Can you use it?
No. The image may still be under copyright, and without permission, you’re at risk of a legal claim.
Safe Alternatives: How to Use Images Legally
If you need high-quality images for surface design, here’s how to source them legally:
Use public domain images: Some artworks have expired copyright protection and are free to use. The Art Institute of Chicago offers over 50,000 public domain images under Creative Commons Zero (CC0), meaning they can be used for commercial projects.
Check Creative Commons licences: Some images allow commercial use but may require attribution or prohibit modifications.
Purchase stock images: Websites like Adobe Stock, Shutterstock, and Unsplash offer properly licensed images.
Create original work: Using found images for inspiration is fine—but direct copying is not.
Do You Need a Disclaimer?
If you sell DIY pattern kits or provide hyperlinks to external images, you could be legally responsible for copyright infringement under Section 36(1) of the Copyright Act. A disclaimer won’t automatically protect you if you’re knowingly directing clients toward copyrighted material.
However, if your images are fully licensed, a simple disclaimer confirming that you use legally sourced images can help demonstrate copyright compliance.
Final Thoughts: Respect Copyright, Protect Your Work
Designer Paul Rand once said, “Don’t try to be original. Just try to be good.” For surface designers, that means understanding copyright law and respecting other artists' rights—because one day, you’ll want your own work protected too.
At Sharon Givoni Consulting, we help surface designers navigate copyright law, from licensing agreements to infringement disputes.
Sharon Givoni | Principal Lawyer
m 0410 557 907
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