Is It Legal to Redraw Someones Art and Sell It as Your Own

Copyright Issues for Artists

Disclaimer: None of the data inside should be construed as binding legal advice.

I of the most difficult subjects for artists to understand is copyright law, and it'southward an issue that effects artists in many ways. Artists are frequently unsure if they retain reproduction copyright later on someone has purchased an original piece of artwork. Can someone else make giclee prints after the purchase the original? When getting artwork scanned, who owns the intellectual property? And so many legal type questions….

General Issues for Artists

Starting time, many artists don't realize that they need permission from photographers if they use somebody else's photograph as reference for a painting. When an artist uses a photo for reference, the painting or artwork is called a derivative piece of work. While the artist can maintain some buying over their own piece of work, they first need permission from the original lensman to use the photo for reference.

There are however clauses in copyright law that allow for compilations, and uses of existing work freely if used in part, or if the original work has been and so modified that it can't exist recognized equally a reference. There are many nuances here, and although there are legal cases that set precedence, there is no accented ruling. Each instance must be evaluated on its own merit in a civil court (copyright infringement is considered a civil issue, and is not punishable by criminal law).

Second, if you lot are a portrait artist, or effigy artist, and you program on selling works of art using somebody else'southward likeness, you lot volition need a model release in society to sell the work, and in many cases y'all volition need a model release in lodge to enter juried fine art shows. The reason is that the person being painted has certain rights about their own likeness, and merely considering a model sits for y'all, every bit a photographer or creative person, does not mean that model assigned reproduction rights, or copy rights to you. That needs to be an explicit contract between the model and the artist or photographer, which includes a model release form.

Third, artists often worry near the copyright of their own work, and what their rights are in regard to their work. Many questions arise from this, such as "what if somebody steals my work and uses it on their home folio on the Cyberspace?", and "Can somebody have my artwork off the Internet and brand cards and sell them?". In fact, there are many artists who are afraid to put their art on the Internet for fear that somebody will steal their work, or see it and recreate information technology, thereby stealing their ideas.

Unfortunately there are risks involved in promoting your work and providing fifty-fifty depression resolution digital versions for promotion, blogs, spider web sites and e-mail. Copyright does not embrace ideas and data themselves, just the form or manner in which they are expressed, which means you can't stop people from copying a manner or genre. However, the alternative to taking risk is actually but to continue your work in a box where nobody can see it, and your art never gets exposed to the general public. In this instance, of course, your fine art is safe, but will never exist known.

The subject of copyright is very complex, and is non simply constantly irresolute, but it'southward also vague and open to interpretation.

Below you volition find a list of articles and references in regard to copyright law and implementation.

What is Copyright?

Copyright (or ©) is a form of intellectual belongings which gives the creator of an original piece of work sectional rights for a sure time catamenia in relation to that piece of work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain. Copyright applies to any expressible form of an idea or information that is substantive and discrete. Some jurisdictions besides recognize "moral rights" of the creator of a work, such every bit the right to exist credited for the work. In particular the 19th century of intellectual property rights covers novel ideas, software and things like genetic engineering.

What is the Origin of Copyright?

Although the origin of copyright dates back to the 1700s in England, copyright law is founded in the Constitution of the United States. The constitution explicitly grants Congress the power to create copyright law. Specifically, Congress has the power:

To promote the Progress of Scientific discipline and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Correct to their respective Writings and Discoveries. Article 1, Section 8, Clause viii, (the Copyright Clause)

Note that copyright law was originally non just to benefit the writer, but guild as a whole. Its intention was "To promote the Progress of Science and useful Arts, past securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

Modern copyright law has evolved profoundly with the advent of technology and changes in The states and ooperative international law is rooted in the Copyright Police force of 1976. Run into Wiki for details @ http://en.wikipedia.org/wiki/Copyright_Act_of_1976.

What is a Creative Piece of work?

A artistic work is a tangible manifestation of creative attempt such as literature,
music, paintings, and software. Creative works have in common a caste of arbitrariness, such that it is improbable that two people would independently create the same piece of work.The term is frequently used in the context of copyright law.

Do I need to register my artwork with the library of Congress to have copyright?

If your photos, drawings, paintings or illustrations are beginning published in the U.s. or in a land with which the Us has a copyright treaty, they are protected automatically without being registered with the US Copyright Office. As well, Information technology's always a good idea when publishing digital photos of your artwork online to put a copyright notice on the paradigm. Yous may put something similar "© 2013, All Rights Reserved, … your name".

Information technology's also a skillful thought to put copyright data and contact data in the meta data area of your epitome files. Image files that you share on the cyberspace all have hidden data in the file called "meta data". This includes a description of the image, the author and contact information. If you utilise Photoshop, open an image and go to file -> fie info, and yous volition encounter the following dialogue box:

If you meet somebody using your image on the internet and it still contains that meta data, then it's much easier to evidence that they stole it.

When you publish your photos on many of the popular photo sharing websites and stock photo websites, you will take the option of deciding what kind of copyright discover gets published with your image. At that place are dissimilar types of copyright that permit you to a) reserve all rights b) reserve some rights but permit some shared use c) open source, allowing full commercial and not commercial use without reserve. These notices are all displayed along with the image, and there's no need to register the image with Congress to claim those rights.

What is a creative eatables license?

Creative Eatables is a type of licensing that allows shared usage of copyrighted material. Creative Eatables Licensing means that you grant others some of the rights that you have to the photo or paradigm. Creative Commons licensing allows some flexibility, such as whether y'all allow commercial use of your photo, and whether you require attribution, such as your name or website, with the use. As an artist artistic commons images can be a not bad resource for reference material to pigment from, every bit many Creative Commons Licenses will allow an creative person to create derivative works. Information technology's important, however, to read the terms of the artistic commons license carefully, peculiarly if you are creating commercial artwork equally part of a terminal product to be sold and reproduced in quantity.

The Creative Commons license options include: "Attribution" (this license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation); "Attribution-NonCommercial" (this license lets others mix, tweak, and build upon your work non-commercially. And although their new works must also acknowledge y'all and be non-commercial, they don't have to license their derivative works on the same terms); and "Attribution-NonCommercial-NoDerivs" (this license is the virtually restrictive, just assuasive others to download your works and share them with others as long as they credit you, simply they tin can't change them in any fashion or utilize them commercially).

For more information on the six dissimilar types of creative commons copyright licenses, visit here: http://creativecommons.org/licenses/

How can I stop people from stealing my artwork on the net?

You tin can't. So first of all, it'south probably a skillful idea not to worry about it too much. The real question is, how practice you address the issue when y'all see it.

The answer probably lies in the context. If some fan of your work posts i of your images on their facebook folio, so picayune damage was washed. And if they gave you credit for it, then it only helps you, peculiarly if yous take a copyright notice on the image so people know how to notice you lot if they want to run across more of your work, or if they're interested in commissioning something from you, for example…

If you see widespread commercial abuse and theft of your images, then you probably demand to seek legal help. We've seen it happen occasionally, with very large retailers like Target, and information technology is in fact like contesting Goliath. Only that shouldn't terminate you lot from sharing your artwork and building an online reputation. Only if your work is stolen or used without your permission, here are some things you can do.

1) Practise Nothing

If the infringing person is in a foreign state where infringements are rampant and hard to enforce or is a small website with piddling traffic, you may decide that it'due south not worth your time and endeavor to fight the infringement. Information technology may non be worth it at all, and in some cases may benefit you if it leads to more than traffic to you lot and exposure of your art. In many cases people are using your art without permission, merely aren't really making money on it.

two) Asking a Photo Credit

If the website provides marketing for you, you may only want to get proper credit. If so, write the infringing person or company a letter giving them the correct to use the epitome. Be sure to designate the parameters of that use, so information technology'due south limited to the website or whatever, but doesn't give them free reign. Include the status that the person using your art piece of work post a photo credit with a copyright notice along with it. You may besides asking that a link be added back to your website.

3) – Prepare a Cease and Desist Letter Yourself

When you don't want to alienate the infringing person or corporation (they may exist someone you know or a potential customer. Or they may be naive and don't sympathise what they're doing), you may want to contact them to explicate that the use is not authorized and either asking payment, a photo credit with a link to your website (as discussed to a higher place), or that they cease apply of the image. It's best to do this in writing , either past postal service or e-mail.

Photographers sometimes send an invoice for three times their normal license fee in an endeavour to resolve the infringement outcome. While the 3x fee may be an industry standard and some courts have used it, is not a legal right given by any courtroom of police force or statute. Instead, U.S. police force states that you are entitled to actual or statutory damages for infringement as provided by 17 U.S.C. Affiliate 5, specifically section 504. The amercement that you can receive from infringement – especially if you timely annals your photographs – sometimes tin amount to a lot more three times your normal license fee. So you may want to recall 2x before you send the 3x letter.

There are some risks in sending the letter yourself. First, the infringing person or corporation may endeavor to preempt an infringement lawsuit and file a request for declaratory judgment that the use is authorized. This may get you involved in legal activeness for which you may need legal counsel in a jurisdiction (court location) where you don't want to litigate. Second, your demand for payment may be admissible against y'all if an infringement case is filed. If you demand also footling, then it may limit your ultimate recovery. To avoid this possibility, include in your demand alphabetic character that "these discussions and offer to settle are an attempt to compromise this dispute."

4) – Hire a Lawyer to Transport a Demand Letter

When an chaser gets involved, the matter is escalated and tensions commonly rise. While the infringing person may be more than defensive, the weight of your need letter is dramatically increased if it comes from an chaser and the matter gets taken more seriously. Some attorneys accuse a flat fee to send a letter; others may charge a "contingency fee" which is based on the pct of recovery. Or the fee may be a combination of both. Any yous do, if yous involve an attorney and engage in a legal battle, be sure that the potential payout is worth the legal fees and risks of litigation. Resolving disputes with attorneys and courts tin can exist very expensive, and many of the worst offenders are large corporations that steal artwork on a regular basis, and have teams of attorneys that settle law suits out of court with gag orders attached, so information technology'due south difficult to prove a history of litigation and claims against them.

5) Publicly Shame Them

Sometimes it's very hard to sue a company when they've infringed on your copyright. If a company has traced your artwork or reproduced information technology exactly, then you have a copyright case. But many cases what they'll do is recreate your artwork but slightly differently so that it's non the exact aforementioned image and that's difficult to fight. For example, Urban Outfitters is notorious for cleverly stealing people'southward artwork in a slightly different manner. In cases when you tin can't really fight the case legally, you tin instead publicly shame the visitor or individual. Permit the world know they're thieves using social media, and if enough people practice information technology the community can establish a public record of series criminal behavior. This is oft more effective in achieving results than the formal means of seeking retribution, since companies also don't want their reputations blemished.

What is Fair utilize?

Fair employ is a doctrine in United States copyright law that allows express use of copyrighted material without requiring permission from the rights holders, such as apply for scholarship or review.

Fair use deals with the concept that even though a work is copyrighted, and the artist, photographer, or writer has sectional rights, that certain uses do not constitute copyright infringement. Some artists are nether the misconception that once a work is out there in the wild, that any utilize requires permission.

Copyright attempts to balance the need for copyright protection with the need for the public to freely commutation noesis for both educational, creative and political reasons. While corporations have been voracious regarding any use of copyrighted materials, and accept overstepped their bounds and hijacked copyright law to the detriment of liberty of expression, the courts of have often eventually ruled in favor of costless speech (We'll dive into this word in more detail later on).

The fob, therefore, according to US law, is to balance Article I, Department 8 of the U.s. constitution
with First Amendment rights for liberty of speech, too as the full general welfare and interests of club every bit a whole.

Equally defined by Department 107, under Title 17 of the United States Lawmaking:

§ 107. Limitations on exclusive rights: Fair use

Nevertheless the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use past reproduction in copies or phonorecords or by any other means specified past that department, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom apply), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair utilize the factors to exist considered shall include—
(1) the purpose and grapheme of the apply, including whether such use is of a commercial
nature or is for nonprofit educational purposes;
(ii) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted piece of work equally a whole; and
(4) the issue of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made
upon consideration of all the to a higher place factors.

What is a Work of Visual Fine art?

Under Title 17 of the United states of america Code, which defines copyright law, a work of visual fine art is:

(1) a painting, drawing, print, or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the writer, or, in the example of a sculpture, in multiple bandage, carved, or made sculptures of 200 or fewer that are consecutively numbered by the writer and acquit the signature or other identifying marking of the author; or

(2) a yet photographic image produced for exhibition purposes simply, existing in a unmarried copy that is signed past the author, or in a limited edition of 200 copies or fewer that are signed and consecutively numbered past the author.

A work of visual art does not include—
(A)
(i) any poster, map, globe, nautical chart, technical cartoon, diagram, model, practical art, motion picture or ther audiovisual work, book, magazine, paper, periodical, data base, electronic information service, electronic publication, or similar publication;

(ii) any merchandising item or advertizing, promotional, descriptive, roofing, or packaging material or container;
(iii) any portion or part of whatsoever particular described in clause (i) or (ii);
(B) any work made for rent; or
(C) any work not field of study to copyright protection under this title.

Q: What is the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act (DMCA), was enacted in 1998, and implemented treaties signed at the 1996 World Intellectual Belongings Organization (WIPO) Geneva conference. It addresses many intellectual belongings bug, one of which affects photographers directly. The DMCA states that while an Internet access provider (Isp) is not liable for transmitting information that may infringe a copyright, the ISP must remove materials from websites that appear to plant copyright infringement.

Your copyright does not have to be registered with the U.S. Copyright Function for you to accept reward of this provision. If you discover a website that is using ane of your images without permission, contact the hosting Internet access provider and written report the infringement. Contact the website possessor or Internet service provider and request that an image be taken downwards, whether it be artwork, a photograph, or other intellectual holding.

The DMCA also provides for certain amercement when your work is infringed. If the infringer has removed your copyright direction data, such every bit your name, contact information, or copyright observe, from your work in an attempt to facilitate or conceal its infringement, the infringer may have violated the DMCA. Department 1202(b) of the DMCA prohibits the removal of "copyright management information" in certain circumstances. It states in pertinent office:

No person shall, without the say-so of the copyright owner or the constabulary—(1) intentionally remove or modify any copyright direction data . . . . knowing, or, with respect to ceremonious remedies . . . having reasonable grounds to know, that it volition induce, enable, facilitate, or conceal an infringement of whatsoever right under this title.

You can send a DMCA Take Down Detect yourself, or consult an attorney. A sample notice would look something like this:

***********************************************************
SAMPLE DMCA Accept DOWN Detect

My proper noun is XXXXXXX and I am the XXX Title of XXX COMPANY NAME. A website that your company hosts (co-ordinate to WHOIS information) is infringing on at least one copyright endemic by my company.

An article was copied onto your servers without permission. The original Article/PHOTO, to which we ain the exclusive copyrights, tin exist found at: PROVIDE WEBSITE URL

The unauthorized and infringing copy can exist plant at:

PROVIDE WEBSITE URL

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"). I am seeking the removal of the aforementioned infringing material from your server(south). I request that yous immediately notify the infringer of this detect and inform them of their duty to remove the infringing cloth immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please as well be brash that law requires you, every bit a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such equally yourself, enjoys immunity from a copyright lawsuit provided that yous act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers exercise not investigate and remove or disable the infringing material this immunity is lost. Therefore, in lodge for you to remain allowed from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable conventionalities that rights my company owns are existence infringed. Under penalty of perjury I certify that the data contained in the notification is both true and accurate, and I have the authorisation to act on behalf of the owner of the copyright(s) involved.

Should you wish to hash out this with me please contact me directly.

Thank you.

Insert YOUR Proper name

Address
City, State Cipher
Phone
E-mail

**********************

Copyright Free Resources for artists

Looking for that special something? Need a reference photograph for your side by side drawing or painting that won't cause you copyright problems? There are plenty of resource now, and more opening upwardly, for artists and photographers who need images.

Wikipedia Commons
Flickr Commons
Flickr Creative Commons
Collage Collage Public Domain
www.creativecommons.org
www.savetz.com
Wikipedia Public Domain Resources

References

Championship 17 of the Usa Code
(outlines U.s. Copyright Police)
International Copyright Law
The Berne Convention for the Protection of Literary and Artistic Works
Digital Millennium Copyright Deed
The Mickey Mouse Copyright Act
Copyright extended to 100 years to salvage Mickey Mouse
Wiki Article on WIPO
World Intellectual Property Organization
Trademarks
United states of america push for IP conflicts with international norms.

Copyright Issues for Artists, Artist Copyright references, model releases, discussions about rights for artists, due process for artists, selling giclee prints, image theft, copyright of images, illegal use of images, IP Theft of artist's work.

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Source: https://www.bellevuefineart.com/copyright-issues-for-artists/