AVOIDING COPYRIGHT INFRINGEMENT

How to protect yourself, and avoid upsetting others
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Mike Sibley
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AVOIDING COPYRIGHT INFRINGEMENT

Post by Mike Sibley »

Beware, and be aware, of Copyright Infringement. This occurs if you use a creative work, in whole or part, that someone else has produced, without their explicit permission. That should always be written permission so it can be verified if necessary.

Examples of copyright infringement might be:
  • Posting someone else's photograph or creative work online, whether you claim ownership or not.
  • Using someone else's photograph, without written permission, as a basis for your artwork. This is particularly true of celebrity art. A blind eye is usually turned if you create the work for yourself. Try to reproduce and sell it and... you'd better have a very good lawyer.
  • Using a creative work commercially without permission - such as downloading an image and applying it to a mug or t-shirt. It happens! Don't break the law.
AVOIDING COPYRIGHT INFRINGEMENT
Without a doubt, the best way to avoid infringing the rights others is to always create your own original work. The idea behind it need not be original - an idea cannot be copyrighted - but the physical result of your creation must be completely your own work and not referencing or copying that of another creative person.

If you work from photographs, build up your own library. You can use photos sourced from the Internet or books to supply extra detail, features, or other information, but never directly copy from them.

If your photography skills are lacking and you need to use other photographer's images, seek out royalty free sites. A payment might or might not be involved, but you will have obtained a licence for that image's use. If a physical licence is provided, read it thoroughly, so you understand any limitations regarding its use. For example, the music I use in the DWM videos is obtained under licence. The opening and closing music has no restrictions on its use, but other music is limited to only one commercially available video.

BUT USING 10% OF AN IMAGE IS OK - AND OTHER MYTHS
Copying 10% is OK? Or altering by 10% means it's now copyright-free? No it isn't. They're urban myths. It doesn't matter how much of the image you've used, even a small part of it. If it's recognisable, it's copyrighted and requires permission.

Because it's available to view on a website does not mean you have free use of it, or any use at all. The copyright is owned by the creator - unless the site implicitly states that it is free to use.

Crediting the owner or source of an image you've used does not absolve you from the need to obtain permission for its use. Ask - in many cases the creator might agree to its use. For example, my work, and parts of it, are used by dog clubs as their logos. They asked - I agreed - it's allowed.

If you're copying an image purely for your own enjoyment, that's still infringing copyright but it's probably not going to be contested. Don't, however try to sell the image, or exhibit it whilst claiming it's your own work. Your subterfuge will most likely be discovered - such as the little girl who posted one of my drawings on a forum while claiming her aunt had helped her with it... hence the sudden improvement. People know my work - they inform me when they see it used elsewhere. All other artists and photographers have their own observant fans too.
Mike Sibley
WEBSITE: Sibleyfineart.com
BOOKS : Drawing From Line to Life
VIDEOS : DrawWithMike.net

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