Is there anyone out there who knows the ins and outs of copyright infringement? I was just at my favorite frame shop and the owner was framing a lovely collage piece done with the fairy theme. I immediately recognized several fairy illustrations and wondered out loud if this was an issue for this artist. The owner said he thought if the image was "out there" (in magazines and online) it was public domain. If that is true, does that leave all of us who have websites open to collage artists "lifting" our work?
Terry's comment underlies some complications when using parts of a copyrighted whole ( my terminology ). The site Gary recommends is very helpful, I am confused on two particulars; one is when asked to identify "Preexisting Material" and "Previous Registration"? When using found metal objects that were part of a copyright registration would it require me to list previous registration? And date of creation; if it is a group registration then the dates would be multiple dates. These may be non issues and I am making it more complicated. Perhaps 3D sculpturers that can clarify?
The images need to be legible and identifiable. I think most of mine are about 600K. You submit them as a batch in ZIP format. They should be JPG's. For a very good tutorial on how to do this go to http://asmp.org/content/registration-counts. There is a complete list of tutorials on the right hand side. You don't need a lawyer to do this. Relatively straight forward. AT the end of the process the Copyright office will send a certificate of copyright.
Just read your "submitted thousands" images comment, I read the U.S. Gov't copyright site and couldn't figure out what they meant by submitting a "group" shot. I make sculptures from found metal, a lot from agricultural machinery and implements, many items are quite recognizable and could be easily duplicated. my concern was that someone might copyright them and stop me from making them. Would you mind elaborating how you submitted your copyright? For instance did you use legal help? Were the images a certain size or format ? Did you get confirmation they were actually copyrighted? Hopefully I am not being to forward with my request. Thanks.
PS
Is it ok to thank Larry Berman here for the nice work he did on my lousy camera shots?
It does and when the NAIA forum was more active, Mount Gretna was contacted about using artist images in their program without credit and has changed their policy. All the shows need to be contacted about using images without credit because even though you agree to their terms, they will still be responsible through carelessness. Shows need to know that they can use your images but need to treat them with respect.
There was another case where Uptown put the full size ZAPP images on Flickr and the staff person who had the Flickr account went home and couldn't be contacted until the next day.
Larry, most of the show apps. (or maybe just many) have a statement that says by submitting you agree the "show" has the right to use your images for promoting the event. I do remember the flap when CG did it first... however it looks like not giving the artist credit puts them in jepardy of having that work orphaned.
This story sounds a lot like the frame shop story I heard lately where they were taking photos of art brought in for framing and sending them off to make reproductions. The frame shop owner tried to defend their right to take the images... sheesh takes all kinds!!
Our creations are considered intellectual property, however protecting that property is up to us and sometime difficult to do as Larry has pointed out. The definition Michael gave for Public Domain I believe, is inaccurate and the standard misconception, Michael please check out the intellectual property web site and read the article I've linked below. I might be wrong, but I doubt it. Public Domain is more in line with Larrys information. The "image" has been around so long it has outlived it's copyright and is able to be used by the public. This is NOT the same as "I can see it from a public space" that criteria DOES NOT make it OK to take the image or place it in the "Public Domain" see "Public Domain"- : http://en.wikipedia.org/wiki/Public_Domain
Here are a couple of links I found helpful during the last copyright discussion. I found the information on the first link invaluable.
In the US, all artwork is considered copyrighted upon completion. A signature isn't necessary. But if it isn't registered, an attorney will not take the case because there won't be anything to actually win. Anytime you find another artist misappropriating your work, it's best to work out an arrangement with them. If it's a corporation, usually the first step is to register the work and then contact their legal department, providing them with the registration information.
A lot of it starts with finding images on the web, especially Flickr, that don't contain an embedded copyright notice. The forums are full of people crying that their non protected images have been taken. Before uploading images to Flickr or any other photo site, you need to understand what creative commons is and the rights you are assigning to the image.
One of the silliest things I've ever seen is when a commercial photographer who specializes in food found all his images on another food photographer's web site as that other photographers own work. He had put 2000 pixel long dimension images on his web site without an embedded copyright notice and they were immediately taken. He posted about it on a professional advertising photography forum and received many responses about hiring an attorney and such. In all the responses, no one was smart enough to suggest that he should have never put that large an image on the web.
There have also been cases of art shows putting thumbnails linking to the full size ZAPP images on their web site. Coconut Grove did it the first year with ZAPP and Bayou City did it within the past two years. There have also been cases where art shows printed their programs using images from accepted artists without the artist's identification jeopardizing the artist's copyright.
From what I understand, if you have legally filed your work and find a blatant misuse, you can go to court and get the offender to stop using your images, as well as possibly recovering some money that the court determines you have lost in sales. If you don't legally copyright, there was a copyright law passed (in I think 1970-something) that says all the artist has to do is sign a piece for it to be considered their intellectual property. In this case, you can go to court and get the person to stop using your images, but not recover any lost revenue. All in all, an expensive proposition for any artist who feels their work has been misused. Also, in the case of collages, the collage artist could cut out the signature and/or the c symbol, so the artist would have to prove that the piece was signed or copyrighted, right? UGH.
Years ago I found that a tattoo artist was using my artwork as a tattoo...He actually came into my booth and was proud to tell me about it. He said he thought I would have been proud that he was using it. I told him that if he had come to me and I had agreed to license the work to him, and if he paid me a royalty every time he used it, that I might be happier. Then I let it go, thinking that at least I may have educated him on the artist's perspective.
Comments
Mark
The images need to be legible and identifiable. I think most of mine are about 600K. You submit them as a batch in ZIP format. They should be JPG's. For a very good tutorial on how to do this go to http://asmp.org/content/registration-counts. There is a complete list of tutorials on the right hand side. You don't need a lawyer to do this. Relatively straight forward. AT the end of the process the Copyright office will send a certificate of copyright.
Hi Gary,
Just read your "submitted thousands" images comment, I read the U.S. Gov't copyright site and couldn't figure out what they meant by submitting a "group" shot. I make sculptures from found metal, a lot from agricultural machinery and implements, many items are quite recognizable and could be easily duplicated. my concern was that someone might copyright them and stop me from making them. Would you mind elaborating how you submitted your copyright? For instance did you use legal help? Were the images a certain size or format ? Did you get confirmation they were actually copyrighted? Hopefully I am not being to forward with my request. Thanks.
PS
Is it ok to thank Larry Berman here for the nice work he did on my lousy camera shots?
There was another case where Uptown put the full size ZAPP images on Flickr and the staff person who had the Flickr account went home and couldn't be contacted until the next day.
Larry Berman
http://BermanGraphics.com
412-401-8100
Larry, most of the show apps. (or maybe just many) have a statement that says by submitting you agree the "show" has the right to use your images for promoting the event. I do remember the flap when CG did it first... however it looks like not giving the artist credit puts them in jepardy of having that work orphaned.
This story sounds a lot like the frame shop story I heard lately where they were taking photos of art brought in for framing and sending them off to make reproductions. The frame shop owner tried to defend their right to take the images... sheesh takes all kinds!!
Our creations are considered intellectual property, however protecting that property is up to us and sometime difficult to do as Larry has pointed out. The definition Michael gave for Public Domain I believe, is inaccurate and the standard misconception, Michael please check out the intellectual property web site and read the article I've linked below. I might be wrong, but I doubt it. Public Domain is more in line with Larrys information. The "image" has been around so long it has outlived it's copyright and is able to be used by the public. This is NOT the same as "I can see it from a public space" that criteria DOES NOT make it OK to take the image or place it in the "Public Domain" see "Public Domain"- : http://en.wikipedia.org/wiki/Public_Domain
Here are a couple of links I found helpful during the last copyright discussion. I found the information on the first link invaluable.
http://www.wipo.int/sme/en/documents/ip_photography.htm
http://painting.about.com/od/copyrightforartistsfaq/Copyright_for_A...
A lot of it starts with finding images on the web, especially Flickr, that don't contain an embedded copyright notice. The forums are full of people crying that their non protected images have been taken. Before uploading images to Flickr or any other photo site, you need to understand what creative commons is and the rights you are assigning to the image.
One of the silliest things I've ever seen is when a commercial photographer who specializes in food found all his images on another food photographer's web site as that other photographers own work. He had put 2000 pixel long dimension images on his web site without an embedded copyright notice and they were immediately taken. He posted about it on a professional advertising photography forum and received many responses about hiring an attorney and such. In all the responses, no one was smart enough to suggest that he should have never put that large an image on the web.
There have also been cases of art shows putting thumbnails linking to the full size ZAPP images on their web site. Coconut Grove did it the first year with ZAPP and Bayou City did it within the past two years. There have also been cases where art shows printed their programs using images from accepted artists without the artist's identification jeopardizing the artist's copyright.
Larry Berman
http://BermanGraphics.com
412-401-8100
From what I understand, if you have legally filed your work and find a blatant misuse, you can go to court and get the offender to stop using your images, as well as possibly recovering some money that the court determines you have lost in sales. If you don't legally copyright, there was a copyright law passed (in I think 1970-something) that says all the artist has to do is sign a piece for it to be considered their intellectual property. In this case, you can go to court and get the person to stop using your images, but not recover any lost revenue. All in all, an expensive proposition for any artist who feels their work has been misused. Also, in the case of collages, the collage artist could cut out the signature and/or the c symbol, so the artist would have to prove that the piece was signed or copyrighted, right? UGH.
Years ago I found that a tattoo artist was using my artwork as a tattoo...He actually came into my booth and was proud to tell me about it. He said he thought I would have been proud that he was using it. I told him that if he had come to me and I had agreed to license the work to him, and if he paid me a royalty every time he used it, that I might be happier. Then I let it go, thinking that at least I may have educated him on the artist's perspective.
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