The Illustrator's Guide to Law and Business practice, AOI, 2008, Simon Stern
What is Copyright?
- Copyright is the law that stops people from copying other people's work - music, photography, film etc
- 'The owner of the copyright in an image is the only person with the right to copy that image or to allow others to copy it and this applies to any sort of copying'. Pg 46, The Illustrator's Guide to Law and Business, AOI, 2008
- 'As soon as an artist makes a drawing he, she owns both the artwork and the copyright' *unless you are an employee, unless you have copied someone else's work
- You do not need to use the copyright sign to own copyright
- Copyright lasts for the creator's lifetime + 70 years. After this time it is out of copyright and enters the public domain
Copyright
- Does not apply to similarities that happen by chance
- Does not apply to 'works of artistic craftmanship' in a public place - buildings and sculptures
- If you have sold copyright of your own work, you may copy some of an earlier work provided it 'does not repeat or imitate the main design of the work'
- Incidental inclusion - eg, if a work of art is in a setting and you didn't put it there yourself
- Best not to sell your own copyright
- Try and use you own reference material
- If you want/need to use something else, ask permission and get it in writing
Infringement
- "If you take a 'substantial' part of someone else's work and use it in your own then it will be an infringement"
- Question yourself, "Am I taking someone else's copyright work, the product of their though and labour and appropriating it as my own?"
Penalties
- The copyright owner can be expected to be paid damages - usually the licence fee for the job
- Could also have to pay any profits made
- Worse case - destroy all works made with infringement - usually a settlement is made before this
- Most cases occur when an illustrator's work has been used for 'purposes beyond the original licence
How To Keep Your Copyright
- Grant licenses (permission) for specific uses - purpose, territory and time frame
Reference
- Using photographs - same copyright rules apply to photographs so the rule is 'use the information in the photograph, or in a range of photographs, but not to reproduce too much of any individual image'
Fair Use
- Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In U.S copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship (wikipedia 2015)
Creative Commons
- Devoted to expanding the range of creative works available for others to build upon legally and to share
- Creative Commons licences consist of four major condition modules: Attribution (BY), requiring attribution to the original author; Share Alike (SA), allowing derivative works under the same or a similar licence (later or jurisdiction version); Non-commercial (NC), requiring the work is not used for commercial purposes; and No Derivative Works (ND), allowing only the original work, without derivatives. These modules are combines to currently form six major licences of the Creative Commons (http://bursa-kerja.ptkpt.net/_lain.php?_lain=1443, 2015)
Copyleft
- Under copyleft, an author may give every person who receives a copy of a work permission to reproduce, adapt or distribute it and require that any resulting copies or adaptations are also bound by the same licensing agreement
- Freedom 0 - the freedom to use the work
- Freedom 1 - the freedom to study the work
- Freedom 2 - the freedom to copy and share the work with others
- Freedom 3 - the freedom to modify the work, and the freedom to distribute modified and therefore derivative works (wikipedia, 2015)
(wikipedia, 2015)
Where To Find Copyright Free Reference Materials
- Wikicommons as long as it has a copyright free symbol
(http://www.clker.com/clipart-12267.html) 2015
- Morgue File - free reference imagery
- Dover publications - can use up to ten images from each book completely free of charge
