No, not all photos of an animal can automatically be used to create a custom portrait. If you took the photograph yourself, the situation is generally straightforward. If it comes from a photographer, a social network, a shelter, or a loved one, check who took it and what usage has been authorized before sending it.
This article provides general guidelines based on French law. It does not replace legal advice tailored to a specific situation.
Owning the animal does not mean owning the photo
The first question to ask is not only: "Is this my dog or my cat?"
You must also ask: "Who took this photograph?"
The owner of the animal and the author of the photo can be two different people. You may therefore perfectly well own the animal depicted, have received the digital file, and even have paid for a photo shoot, without holding all the usage rights associated with the image.
According to the National Institute of Industrial Property (INPI), an original work automatically enjoys copyright protection from the moment of its creation. The right of reproduction allows its author, in particular, to authorize or prohibit its copying.
For a photograph, the initial rights holder is generally the person who created it, provided it presents the free and creative choices necessary for its originality.
The simplest case: you took the photo
If you personally photographed your animal, you are normally in the clearest situation.
You can select the image that best shows:
- the gaze;
- the shape of the face;
- the color of the coat;
- the ears;
- distinctive marks;
- the posture you wish to keep.
This does not mean that all your photos will be technically suitable. A very dark, blurry, or heavily filtered image may remain difficult to interpret, even when you hold the rights to it.
Before choosing, consult our guide on how to select a photo suitable for a custom creation.
If another person appears clearly in the image, an additional question may arise concerning their image rights. To avoid transmitting unnecessary data or faces, it is often better to crop the photograph around the animal.
If a loved one took the photo
A photo taken by your partner, a family member, or a friend does not automatically become your creation simply because it is on your phone.
The simplest solution is to ask for their consent before sending it as a reference.
In an ordinary family situation, a clear message can be enough to avoid any ambiguity:
"Do you authorize me to send this photo as a reference to have a custom creation made depicting the animal?"
Keep the response, especially if the photo needs to be reproduced quite faithfully.
If the project also involves publishing the photograph, the creative process, or the final result on a website, gallery, or social network, it is best to specify this separately. Authorizing the manufacture of a private object and authorizing public publication are not necessarily the same thing.
A paid photo shoot does not automatically transfer all rights
Photographs taken by a professional deserve special attention.
Paying for a session, receiving prints, or downloading files does not necessarily mean that the photographer has assigned their right of reproduction or adaptation.
The Intellectual Property Code, article L111-1, distinguishes intellectual property from ownership of the material object. In other words, owning a print or a file does not automatically equate to owning the rights attached to the work.
Furthermore, article L131-3 provides that assigned rights and their scope of exploitation must be defined.
Before using a professional photograph, therefore, look for:
- the contract signed during the session;
- the photographer's general terms and conditions;
- the license accompanying the files;
- any mention authorizing derivative personal use;
- restrictions concerning prints, custom objects, or artistic adaptations.
If the document remains silent or ambiguous, ask the photographer for authorization.
You do not necessarily need to claim a general assignment of all their rights. Authorization limited to the creation of a custom piece for private use may be more proportionate to the project.
Can you use a photo found on Instagram, Facebook, or Pinterest?
The fact that a photo is publicly visible on a social network does not make it royalty-free.
Posting it online does not automatically remove its author's rights. Saving the image, taking a screenshot, or removing their name does not change this situation.
Article L122-4 of the Intellectual Property Code indicates that reproduction or transformation carried out without the author's consent is unlawful, except when an applicable legal exception can be invoked.
A photograph found on a public account can, however, serve as a starting point if:
- you are the author yourself;
- the photographer grants you authorization;
- a license explicitly allows the intended use;
- the photo genuinely belongs to the public domain.
A credit placed under a future publication does not replace authorization when the latter is required.
What if the photo comes from a shelter, breeder, or association?
The first photos of an adopted animal sometimes come from a shelter, a foster family, a breeder, or an association.
These images have great sentimental value, but their origin must be verified. They may have been taken by:
- an employee;
- a volunteer;
- a foster family;
- a partner photographer;
- the former owner of the animal.
Contact the organization and explain the project precisely: a unique custom creation intended for private use. Ask if they hold the necessary rights or if they can direct you to the photographer.
A written response is preferable. It allows everyone to understand what is authorized without unnecessarily complicating the process.
Ordering a surprise gift with another animal’s photo
For a surprise, it is not always possible to ask the recipient directly to choose the photograph. You can, however, avoid randomly downloading an image from their social account.
Several solutions are possible:
- Discreetly ask a family member for an original photo.
- Use a photograph you took yourself.
- Contact the author of a published image and explain the project.
- Request limited authorization without revealing all the details of the gift.
- Choose a gift card if no usable photo is available.
This keeps the surprise intact without assuming that every accessible image is freely reusable.
Private copying is not a catch-all
French law includes a private copy exception. Article L122-5 targets certain copies made from a lawful source and strictly reserved for the private use of the copier.
However, the limits and exceptions of this provision are precise. They should not be turned into a general rule allowing any photograph to be sent to a company to be adapted onto an object.
When a photo clearly belongs to a third party, the safest and most respectful approach remains using your own image or obtaining authorization tailored to the project.
What should authorization specify?
For a simple personal order, clear authorization should make it possible to identify:
- the photograph concerned;
- its author;
- the person authorized to use it;
- the intended use: creation of a portrait or custom ceramic;
- the number of creations concerned;
- the private or public nature of the use;
- the authorization, or lack thereof, to publish the photo and the final result.
A practical message can take this form:
"I authorize you to use the photograph of [description of the animal], which I took on [approximate date], as a reference for the realization of a unique custom creation intended for private use. This authorization does not include its publication online."
This example is only a practical formulation. It does not replace a contract or legal opinion when a project involves commercial exploitation, an advertising campaign, or multiple reproductions.
Watch out for visible people and private information
An animal photo can also show:
- the face of a child or an adult;
- an address on a tag;
- a phone number;
- the detailed interior of a home;
- a license plate;
- personal documents placed in the background.
This information is generally not useful for the creation.
The website Service-Public.fr reminds us that a person can authorize or refuse the reproduction and public dissemination of their image. Therefore, crop the photo around the animal whenever possible and mask any visible contact details before sending.
To preserve a surprise, also take care not to transmit more personal information than necessary.
The reference photo and the final creation are two different works
Another confusion can arise after delivery.
Obtaining a custom creation does not necessarily mean obtaining all the rights allowing you to reproduce its decoration or illustration on posters, clothing, products intended for sale, or advertising media.
The photographer may retain their rights to the reference photo. The artist or brand may also hold rights to the original creation, depending on the agreed conditions.
If you subsequently wish to use the image of the ceramic for professional activity, an association, a visual identity, or derivative products, check the applicable conditions before reproducing it.
Rights concerning final creations and their publication are to be confirmed by Maison Scott in the contractual conditions or with customer service.
The checklist before sending a photo
Before transmitting your image, check the following points:
- Do you know who took the photo?
- Did you take it yourself?
- If it comes from a third party, did you obtain their authorization?
- Is it a professional photograph subject to a license?
- Does the photo genuinely come from a lawful source?
- Are any people or private information visible?
- Does the authorization cover only the creation or also its publication?
- Have you kept a written record of the agreement?
A photograph that is clear visually is not always clear legally. Taking a few minutes to identify its author protects the photographer, the client, and the person in charge of creating the object.
Once you hold the photograph or the necessary authorization, you can then focus on the essential: choosing the image that best expresses the gaze and character of your companion.
You can observe Maison Scott creations or discover custom creations. In case of doubt about a particular photograph, it is better to contact Maison Scott before placing an order.
- Owning the animal depicted does not automatically mean owning the rights to the photograph.
- In France, an original work automatically benefits from copyright protection from its creation, without any filing formality.
- Payment for a photo shoot or possession of a file does not automatically transfer all reproduction and adaptation rights.
- A photograph published on a social network does not become royalty-free simply because it is accessible to the public.
- Authorization to create a private object from a photo does not necessarily include authorization to publish that photo or the final creation.
- The simplest solution for a custom order remains using a photo you took yourself or obtaining written consent from its author.
FAQ
Can I use a photo taken by a professional photographer?
Check the contract or license provided with the images. Paying for the session does not necessarily transfer the rights allowing you to transform the photo into a custom creation. In case of doubt, ask for authorization limited to this order.
Is a public photo on Instagram royalty-free?
No. The public nature of a post does not automatically erase the photographer's rights. You must identify the author and verify that the intended use is authorized.
Can I use a photo of a loved one's dog for a surprise gift?
Yes, if you took the photo or if its author authorizes you to use it. You can also discreetly ask another family member for an original photo.
Must I request a full assignment of rights from the photographer?
Not necessarily. For a unique creation for private use, limited and clearly defined authorization may suffice. Seek legal advice if the intended use becomes commercial or complex.
Can Maison Scott publish my photo or the finished creation?
Authorization to manufacture the order and authorization to publish images are two different questions. The exact practices and conditions of Maison Scott must be verified before publication.
