- All original work, published or unpublished, is automatically protected when it is created. Infringement of copyright occurs when someone's work is used without permission or without giving the artist compensation (Trying to claim someone's work as your own). The artist owns the rights to the work. (CLICK TO SEE A VIDEO THAT EXPLAINS COPYRIGHT)
- How long does copyright last?
From the moment the work was created until the artist's death plus another 70 years.
BUT, there is an exception to Copyright, Fair Use.
FAIR USE - Not a law, but a defensible position
Fair use means that artists may borrow imagery and build upon it, incorporate it or create a satire referencing the imagery with the intent of building meaning, This is nothing new. It happened before the internet during the Dada art movement with Marcel Duchamp's appropriation of the Mona Lisa and during the Pop Art Movement as photos of celebrities were reproduced in many of Andy Warhol's screen prints. To help artists navigate what should be considered fair use, The College Art Association published a code handbook to help provide advice.
Some key points from the College Art Association :
Using the work of others “is part of the construction of new culture, which necessarily builds on existing culture.”
Artists’ use of copyrighted material is protected by fair use when the work “generates new meaning.” Just changing media isn't enough. (Drawing a copy of a photo- Shepard Fairey Dispute)
If you use another's work you need to be able to explain why it was repurposed and give them credit
IN SCHOOL: Artwork created in school where a work is copied to learn skills, practice or to be inspired from is protected. (Artwork created in school as practice in Photoshop for example is fair use.) However...It is still good practice to give credit to the original artist to avoid plagiarism.
PUBLIC DOMAIN - means the artwork is free to use. It is no longer protected by copyright laws. (Just remember, photos of a public domain work may be under copyright. Example - A photo of the David statue)
CREATIVE COMMONS - Works are available for use with specifications. CC licenses allows the artist to specify what rights/uses are available and which remain the property of the artist.
What Can You Do to Help Protect Your Artwork On the Internet?
1. Add a watermark over your artwork image- (Use Photoshop and put your own logo on a layer, reduce the opacity)
2. Add copyright © symbol to the title (On a Mac: Hold option key + type "G")
3. Add Metadata (Information about data) to your image file -For example, the photos you take with your phone, document when and where the photo was taken
(In Photoshop & Illustrator: FILE>FIle Info - to enter information/copyright)
4. Only upload low resolution (lower quality) images
5. Disable the right click (so people cannot download your image)
6. Add a copyright statement to your site, image name.
© 2024, your name and the rights you claim is plenty.
REFERENCES
COPYRIGHT -https://www.arsny.com/copyright-basics/
https://www.copyright.gov/
SHEPARD FAIREY -https://www.smithsonianmag.com/arts-culture/shepard-fairey-the-artist-behind-the-obama-portrait-45936012/
*SHEPARD FAIREY DISPUTE
https://www.npr.org/sections/thetwo-way/2011/01/12/132860606/shepard-fairey-and-ap-settle-copyright-dispute-over-hope-poster
Duchamp -ttps://dlfitzpatrick.wordpress.com/2013/03/27/early-modern-art-the-dada-movement-marcel-duchamp-and-l-h-o-o-q/
FAIR USE - The Art of Ed -https://www.theartofed.com/2016/07/07/please-copy-copyright-plagiarism-original-ideas-art-education/
THE COLLEGE ART ASSOCIATION - CODE OF BEST PRACTICES IN FAIR USE FOR VISUAL ARTS - .PDF http://www.collegeart.org/pdf/fair-use/best-practices-fair-use-visual-arts.pdf
VIDEO ON COPYRIGHT/ART -https://www.youtube.com/watch?v=IffbudbxMuU
CREATIVE COMMONS -https://creativecommons.org/licenses/
PREVENTING THEFT - http://www.howdesign.com/design-career/on-the-job/protect-your-work-online/