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Last Post Aug 31, 2009 2:38 PM by: all_fakes
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pattyabaker
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Copyright Information for Artists

Dec 31, 2007 9:39 AM
The laws around art copyrights are sometimes confusing.

Equine Arts Protection League has put together some information about copyright laws. Here is a link to some information.

Link

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pattyabaker
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Copyright Information for Artists

Dec 31, 2007 9:44 AM
While the laws are confusing, some things are very clear:

1) Once an artist creates an art piece in final form, the artist owns that image now and for 70 years after the artist's death. The image is copyrighted.

2) No one else can use the artist's image for sale or distribution without that artist's permission. To do so is breaking copyright law.

3) Ignorance of the copyright law does not excuse anyone from the law.

What else?

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artistocrat
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Copyright Information for Artists

Dec 31, 2007 9:46 AM
No one else can use the artist's image for sale or distribution without that artist's permission. To do so is breaking copyright law.

Is it humanly possible to be clearer than that?

Thanks Patty!
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*hippychick*
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Copyright Information for Artists

Dec 31, 2007 9:47 AM
Good work Patty...

Just to add...

Once an artist creates an art piece in final form, the artist owns that image now and from the time of their death +70 years.


The 70 years can be extended by the owner's of the artist's estate.
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*hippychick*
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Copyright Information for Artists

Dec 31, 2007 9:49 AM
No one else can use the artist's image for sale or distribution without that artist's permission. To do so is breaking copyright law.

Is it humanly possible to be clearer than that?


I don't think so Artisto, that's pretty dang clear.
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pattyabaker
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Copyright Information for Artists

Dec 31, 2007 10:32 AM
Let's get more specific:

1) Is it OK to print the artist's work and sell it without the artist's permission?
NO

2) Is it OK to print the artist's work and put it on a charm or pendant and sell it without the artist's permission?
NO


3) Is it OK to paint or draw a new painting or drawing from another artist's composition and sell it without the artist's permission?
NO


4) Is it OK to paint a painting or draw a drawing from another artist's photograph to sell without the artist's permission?
NO


5) Is it OK to take an artist's image and put it on greeting cards or any other printed media and sell it without the artist's permission?
NO


What else?

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artistocrat
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Copyright Information for Artists

Dec 31, 2007 10:34 AM
It's also not ok to use an artists image on labels, or packaging without consent. :)
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artistocrat
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Copyright Information for Artists

Dec 31, 2007 10:36 AM
BUT, no one owns content. Meaning no owns a Painting of a sunflower or the words Happy Birthday.
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pattyabaker
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Copyright Information for Artists

Dec 31, 2007 10:41 AM
There are at least two types of copyright protection I'm aware of, and this is how I understand how they work:

1) A default copyright that goes into effect the moment the artist creates a final work.

With the default copyright, if someone is found guilty of using another artist's image without permission, that person is responsible for fines and fees determined by the court, in addition to any financial benefit the guilty party earned in the sale of the artist's image.


2) Artist files their piece with the US Copyright Office for $45 for more extensive protection.


For images filed with the US Copyright Office (ie: Disney characters, Beatrix Potter characters, etc.), if someone if found guilty, the court can impose an automatic $100,000 judgement against the guilty party, which gets paid to the original artist/copyright holder, in addition to any financial beneift the guilty party earned in the sale of the artist's image.



Please correct me if I'm wrong in my understanding.

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magenta*rivers
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Copyright Information for Artists

Dec 31, 2007 10:51 AM
Excellent thread! Maybe we can also ask for suggestions on keeping others from copying your art too.

I use to add a watermark of my name across the painting (using a photo program on the picture and not on the actual paintng itself) but heard in a survey that this turns off some buyers so stopped.... wish I remembered the percentage numbers....

Riv
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magenta*rivers
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Copyright Information for Artists

Dec 31, 2007 10:56 AM
Someone mentioned creativecommons. org to license you work. I didn;t see a place to actually become a member, but only how to generate a html code.

Does anyone have more info on this?

Riv
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bossofyoutoday
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Copyright Information for Artists

Dec 31, 2007 10:58 AM
Link

I think this is where Sketch was talking about using. That's where the link went when I looked at it.

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** all you have to do is love art more than a plastic yard santa**
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pattyabaker
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Copyright Information for Artists

Dec 31, 2007 11:14 AM
Oh, that's great!

I would also like to include info about what an artist can do if he/she finds another seller pilfering their work - ie: VERO

Any ideas on how to organize the info on this thread?

I need to run now, but I'll be back. If no one has included VERO info when I get back, I'll put something together.

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18704d
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Copyright Information for Artists

Dec 31, 2007 11:49 AM
I'd like to add that any artist who sees their artwork infringed on eBay or any other website can use a "capture program" to copy those webpages or auctions in their entirety.

Most computers can take single "screen shots" but those are useless for any full webpage which scrolls up and down a lot (like auctions).

I use a program called Snag-It. One click and it takes a big, tall .jpg or .html file of any webpage, including links and pics.

So if you see anyone violating your copyrights, stealing your text or pictures, just create a copy of their entire auction or webpage before they change or remove it.

You can also take copies of an infringing seller's entire FB, to show who else they've stolen images from. And if they ever decide to make their FB private, your copies still sit on your computer as legal proof of their activities...

Even if you don't decide to litigate, keeping such copies can be very informative.

Lynn
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