Copyright for Artists 2015

COPYRIGHT FOR ARTISTS

Benjamin Ang www.visual-lawschool.com

Icon made by Freepik from www.flaticon.com is licensed under CC BY 3.0

Outline

What is Copyright?

What are your rights?

How can we share or re-use?

Case Study

What is Copyright?



Case Study

What is copyright?

What does copyright protect?

1. Novels

2. Computer programs

3. Sheet music

4. Paintings

5. All of the above


5. All of the above

1. Novels – Literary Work

2. Computer programs – Literary Work

3. Sheet music – Musical Work

4. Paintings – Artistic Work

Also Scripts for plays – Dramatic Work

What copyright protects

“A degree of independent effort in the creation of

the work.”

NOT whether the work has creative merit.


Mary has an original idea

… does she have copyright?

My installation will

be 10 metres high

and made of

green noodles

No, she has no copyright yet

She has to put it in material form

Mary didn‟t register her artwork

… does she still have copyright?

Hey, you didn‟t

register!

Yes, registration is NOT necessary

But it could be useful to help prove

Mary was the original artist

Mary now has Exclusive Rights

to her work, in many countries

You all need

my permission

Permission = „license‟

She can ask them to pay Royalties

Mary didn‟t add © to her work

… does she still have copyright?

Hey, you didn‟t

add a © !

The use of the symbol © is simply a notice of a claim by the copyright owner that copyright exists

© doesn‟t create any rights

Artistic Works and Works of Artistic

Craftsmanship

Paintings

Drawings

Photographs

Regardless of artistic

value!

Must be artistic

Must have

craftsmanship

Artistic Works Artistic Craftsmanship


Authors Works that are protected

Type Example

Literary Written works / Books

Articles in journals or newspapers

Lyrics in songs

Source codes of computer programs

Dramatic Scripts for films & drama (as applied)

Choreographic scripts for shows or dance

Musical Melody

Artistic Paintings

Drawings

Photographs

Works of artistic craftsmanship, e.g. designer furniture that is not mass

produced

Copyright also protects Entrepreneurs

Recordings Publications


Entrepreneurial works that are

protected

Type Example

Published

editions

Typographic arrangements of a published work

Sound

recordings

sounds recorded on tapes, CDs, etc

Films visual images and sounds recorded on tapes,

video compact discs, digital versatile discs

TV and radio

Broadcasts

TV and radio Broadcasts

Cable

programmes

Programmes (visual images and sound) included in a cable

programme service sent by means of a telecommunication

System

Performances By performers such as musicians, singers and comedians

What is NOT protected by copyright

Ideas/ Concepts

Discoveries Historical Facts

Methods Procedures


What is Copyright?



Case Study


Can Billy make a 2D copy of Mary‟s

3D artwork?

Your sculpture is 3D,

my photo is 2D, it‟s

not the same!

The artist has exclusive right to make 2D versions of 3D works, and

3D versions of 2D works

Billy needs permission

Can Tom publish Mary‟s artwork?

I‟ll put it in a

book, which I‟m

giving away free

The artist has exclusive right to publish

the work

Tom needs permission

Rights in Classical Works

Type of Work Exclusive Rights that the Creator has

Literary, dramatic

and musical

works

•reproduce the work;

•publish the work;

•perform the work in public;

•communicate the work to the public; and

•make an adaptation of the work.

Artistic works

•reproduce the work;

•publish the work; and

•communicate the work to the public

•Make 2D versions of 3D works

•Make 3D versions of 2D works

SOME EXCEPTIONS TO THE

RIGHTS

Can Terri make copies of Mary‟s

artwork to teach her class?

Terri may have Fair Use

But she must fit the criteria for

educational or research purposes

Can Billy use part of the artwork in a

documentary?

My documentary is

about artists like Mary

Billy may have Fair Use

Provided he is commenting or

reviewing the work

Fair Dealing Examples

Fair dealing = up to

10% of the number of

pages or 1 chapter,

whichever is the

greater

Fair dealing =

acknowledgment of

the work

“research or study” “criticism, review or reporting”

The 4 Factors of Fair Dealing

Purpose and character of the dealing (e.g.

commercial nature? non-profit? Educational?);

Nature of the work;

Amount and substantiality of the part copied taken

in relation to the whole work;

Effect of the dealing upon the potential market;

The possibility of obtaining the work within a

reasonable time at an ordinary commercial price.

Is this allowed?

Is this allowed?

What about publishing an

advertisement that shows the

difference?

WHAT YOU CAN DO WITH

YOUR RIGHTS

What you can do with rights

Copyright is a form of property.

It can be licensed or transferred,

either as an entire bundle (all of the rights)

or as a single right (e.g. only the right to adapt)

Adaptation

Case Study: Hercules

How long these rights last

Type of Work Duration of Copyright

Literary, dramatic,

musical and artistic

works

70 years from the end of the year in which

the author died.

Specifically for photographs, or if the work

is published after the death of the author,

it lasts for 70 years, from the end of the

year in which the work was first published.

Published editions of

literary, dramatic,

musical or artistic

works (layout)

25 years from the end of the year in which

the edition was first published.

INFRINGEMENT

No consent = infringement

Consent is needed to do anything that only the copyright owner has the exclusive right to do (e.g. reproduce the work).

Merely acknowledging the source when one uses the work is insufficient.

To obtain consent from copyright owners, one may:

contact the copyright owners directly and negotiate for a licence to use the copyright work; or

obtain a licence through a collecting society.

No consent = infringement

Primary Infringement

Infringement occurs when one has not obtained

consent from the copyright owner to do something

that only the copyright owner has the exclusive right

to do.

E.G. photocopies an artwork without consent


Don‟t infringe these rights

Reproducing Adapting Publishing

Substantial Amount

You don‟t need to have reproduced the entire

copyright work -

As long as a SUBSTANTIAL AMOUNT of the original

work has been copied.

NOT just quantity copied

It‟s the NATURE of the portion

that was copied

If the portion copied is important part,

it may be a SUBSTANTIAL amount


Secondary Infringement

When one deals commercially with infringing

copies, e.g. if he

a) imports infringing copies for sale or distribution;

b) sells (including distribution for trade or any other

purpose)

or lets for hire infringing copies; or

c) offers infringing copies for sale or hire by way of

trade.

Don‟t infringe these rights

Importing Selling Offering

What is Copyright?



Case Study

How can we share and re-use?

Permission from Copyright Owners

Can you use this image from singapore.sg ?

Permission from Copyright Owners

“Terms of Use …. You also grant other users and members of the public a world-wide, royalty free, non-revocable and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content for non-commercial purposes. Non-commercial purposes include but are not limited to academic presentations, private research, study, criticism and review, any charitable purpose and any purpose that is solely for public benefit.” Source: Singapore.sg http://app.singapore.sg/terms-of-use

Public Domain = no control

Intellectual property rights have expired or are inapplicable. E.g.

The plays of Shakespeare

The music of Beethoven

Most of the early silent films

Formulae of Newtonian physics

Sources

Wikimedia Commons

Pixelbay

http://commons.wikimedia.org/wiki/Commons:Free_media_resources/Photography

http://pixabay.com/en/

How can Mary give her art to fans

free, but make commercial users pay?

Do I need a

lawyer to do

this?

Post it online, and attach a Creative

Commons license

Creative Commons = some control

What does this allow?

COPYRIGHT FOR ARTISTS

Benjamin Ang www.visual-lawschool.com


Copyright for Artists 2015

Law

Transcript of Copyright for Artists 2015