Copyright

Since as long as I can remember I have been aware of copyright issue. I worked in the Graphic Design and Art business for several years and it was always assumed that most people were aware of it. However, I have noticed since being a part of SCS that everyday people, those that have never been a part of the Art world, may not be aware of the copyright laws.

There are so many wonderful artist out there, all trying to get noticed. Shame on someone who feels that they need to copy others art, they must think very little of their own abilities that they have to steal others creations. But that should not prevent you from ever stopping what you love to do.

(I will always share my artwork. All orginal. All me.)

I came upon this list while surfing for something on the internet. I thought I would share. I like the format of questions and answers.

If it does not have a copyright notice, it is ok to use.
USUALLY NOT. Almost all works are protected by copyright, even if they do not have a copyright notice. Therefore, you should assume that you need to obtain permission to use any material that you did not create.

It's on the internet, so it is ok to use it.
FALSE. Simply because an image is found on the internet does not mean that it is in the public domain. Unless the author of the work has explicitly stated that his work is "public domain" or that the copyright has expired because the work is very old, then you must assume it is not. Further, a person who posts an image on the internet and claims that you are free to use it may not have had the right to post the image in the first place. Thus, your use of the image may violate the rights of the actual copyright owner.

I took the photo, so I can use it however I want.
FALSE. Simply taking a photo of a person, company, brand, logo or the like does not afford you the right to sell merchandise featuring that photograph. There are two distinct intellectual property rights in a photograph: (1) the rights in the photograph itself and (2) the rights in the subject of the picture, such as the product or person shown in it. For example, if you take a photo of a celebrity, you only own the rights to the photo, but not the right to use the photo of a celebrity for merchandise sale. In order to sell merchandise with the image, you will need to obtain explicit permission from the celebrity.

I based my artwork on the artwork of a third party, so that is ok.
FALSE. Works that are derived from a previous work of another violate the rights of the owner of the previous work. Therefore, if you are creating an image that is based on the work of someone else, you need to obtain permission from the original creator prior to your use of your work. For example, Weird Al Yankovic obtains permission from Michael Jackson prior to recording a song based on one of Michael Jackson's songs.

I am using Clip Art, so it is ok.
USUALLY NOT. Most clip art, photo collections, or graphic programs contain a license agreement. The license agreement sets forth the specific uses for the clip art. In most instances the license does not grant you the right to use the clip art for the sale of merchandise.

The First Amendment protects my freedom of speech, so I can use whatever images I want.
FALSE. Freedom of speech is a constitutional protection that guarantees that the government will not oppress your right to self-expression. It does not give you the right to use intellectual property of another.

For additional information on Copyrights, please visit the United States Copyright Office Library of Congress at http://www.copyright.gov. For additional information on Trademarks, please visit the United States Patent and Trademark Office at http://www.uspto.gov. For general questions about Intellectual Property Rights (copyrights/trademarks), please visit the http://www.nolo.com. You can find the federal laws regarding Copyright (U.S.C. Title 17) and Trademark (U.S.C. Title 15) at http://www.access.gpo.gov/uscode/uscmain.html.

cafepress.com

Comments

[Sarah Vrolyk]

Good stuff, Asela. Maybe this needs to be posted on SCS in light of a recent post. :)

[JulieHRR]

Hi, Asela--I agree with Sarah. GREAT stuff and info you've posted here. I wish there were some way of broadcasting it everywhere so folks would have an understanding of the value of intellectual property and the potential harm and damages that come from abusing the generosity of those that share, even if unintentional.