An introduction for artists to copyright, intellectual property and orphan artwork
Visual artists need to know how to protect their images - both on the the internet and in the wider marketplace where artists have to deal with the fact that not all countries operate copyright law in exactly the same way. At the same time they need to ensure they are not disadvantaged by new proposals for dealing with orphan artworks.
Intellectual property covers Copyright; Designs; Patents and Trade Marks.
Orphan artworks are works of art where the person who created is cannot be found - even if they can be identified.
This section provides links to:
- The Berne Convention for the Protection of Literary and Artistic Works
- The World Intellectual Property Organization (a UN Agency)
- UK Intellectual property Office
- US Copyright Office
- websites and blogs helpful to artists re copyright
- sites discussing fair use
- sites discussing Orphan Works
- sites discussing content theft and how to deal with it plus tools which address content theft
IMPORTANT - DISCLAIMER
Please note that I am not a lawyer. I am not engaged in offering professional or legal advice. I take no responsibility for and have no liability in relation to your reliance on any of the information offered by the sites listed here.
I'm just sharing what I've found. Most of the people writing on the internet are sharing their experiences and offering their opinions. It's up to you to make sure your research is thorough enough for your purposes. If you need professional advice then I suggest you contract with the appropriate professional.
You can find out about....................
just click on a link to go straight to that topic
- Berne Convention for the Protection of Literary and Artistic Works & WIPO
- Berne Convention - summary of the content
- WIPO - The World Intellectual Property Organisation
- BOOKS: About Copyright
- Copyright in the European Union
- Copyright in the UK
- BOOKS: Copyright and the Internet - Practice
- Copyright and Intellectual Property in the USA
- Copyright Law in the USA
- Other related sites
- BOOKS: Copyright and the Visual Arts
- Orphan Works proposals - and what they mean for artwork, artists and bloggers
- Copyright and the law for visual artists - helpful blogs
- Copyright - Information and Advice websites
- Copyright for Artists - helpful articles
- Ways to locate Copyright Holders
- Copyright Tools
- Copyright - Derivative Works
- Fair Use
- BOOKS: Copyright Law and Fair Use
- BOOKS: Copyright and the Internet - The Philosophy and the Questions
- Code v2.0 by Lawrence Lessig
- Creative Commons
- Commercial Copyright Registration and Licensing
- Copyright free and royalty free
- Copyright and content theft - helpful blog posts
- Non-Repudiation Services
- HOW TO: Stop Plagiarism
- Useful tools - for finding and/or dealing with scrapers, thieves and plagiarists
- Love This Site?
- Comments and suggestions
Berne Convention for the Protection of Literary and Artistic Works & WIPO
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement about copyright, which was first accepted in Berne, Switzerland in 1886.
The World Intellectual Property Organization WIPO is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose "to encourage creative activity, [and] to promote the protection of intellectual property throughout the world".
The World Intellectual Property Organization WIPO is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose "to encourage creative activity, [and] to promote the protection of intellectual property throughout the world".
- Berne Convention for the Protection of Literary and Artistic Works - Wikipedia, the free encyclopedia
- Berne Convention for the Protection of Literary and Artistic Works From Wikipedia, the free encyclopedia
- Convention for the Protection of Literary and Artistic Works - Wikisource
- Document - Convention for the Protection of Literary and Artistic Works From Wikisource
(Redirected from Berne Convention) - WIPO - World Intellectual Property Organization
- WIPO, The World Intellectual Property Organization (WIPO) homepage, entry point for information about industrial property and copyright.
- Treaties and Contracting Parties: WIPO Copyright Treaty (WCT)
- WIPO Copyright Treaty
Full text of the WIPO Copyright Treaty (WCT)
The WIPO Copyright Treaty (WCT), deals with protection for authors of literary and artistic works, such as writings and computer programs; original databases; musical works; audiovisual works; works of fine art and photographs. - Copyright and Related Rights
- Copyright and related rights are legal concepts and instruments which, while respecting and protecting the rights of creators in their works, should also contribute to the cultural and economic development of nations.
WIPO, through its Copyright and Related Rights Sector, is committed to the development of international norms and standards in the area of copyright. - Copyright and Related Rights - Frequently Asked Questions
- Index of Frequently Asked Questions about Copyright.
- E-Commerce and Copyright
- E-Commerce and Copyright
The emergence of new digital information technologies, such as the Internet, has had a
significant impact on copyright and related rights, - WIPO Guide on Managing Intellectual Property For Museums
- Museums, and the broader cultural heritage community, now have access to a new guide to help them use the intellectual property (IP) system to improve the management of their collections in the digital environment. The "WIPO Guide on Managing Intellectual Property for Museums" recognizes the important role that IP plays in providing access to collections, and in preserving and managing the valuable works they contain. A printed version of the Guide will be available shortly.
- PATENTSCOPE®
- WIPO's Gateway to Patent Services and Activities
- Access to the World of Technology PATENTSCOPE Search Service
- Notable PCT Inventions
- PCT Trends & Performance Indicators - Trademarks Gateway
- Trademarks Gateway
Trademarks are distinctive signs, used to differentiate between identical or similar goods and services offered by different producers or services providers. - Industrial Designs Gateway
- Industrial Designs Gateway
Industrial designs, also referred to simply as designs,concern the ornamental or aesthetic aspects of products. Industrial Designs are a type of industrial property, protected by intellectual property rights - Geographical Indications Gateway
- Geographical Indications Gateway
A geographical indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that origin. - World Intellectual Property Organization - Wikipedia, the free encyclopedia
- World Intellectual Property Organization From Wikipedia, the free encyclopedia
The World Intellectual Property Organization (WIPO) [1] is one of the 16 specialized agencies of the United Nations. WIPO was created in 1967 with the stated purpose "to encourage creative activity, [and] to promote the protection of intellectual property throughout the world". [2] - Copyright : Information Resources
- Working documents, studies and publications prepared/commissioned by WIPO on topics related to copyright.
- Online Forum on Intellectual Property in the Information Society
- Online Forum on Intellectual Property in the Information Society.
Berne Convention - summary of the content
From Wikipedia - the free encyclopedia - extracted June 2008
The Berne Convention requires its signatories to recognise the copyright of works of authors from other signatory countries (known as members of the Berne Union) in the same way it recognises the copyright of its own nationals, which means that, for instance, French copyright law applies to anything published or performed in France, regardless of where it was originally created.
In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law.
Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, they continued to make statutory damages and attorney's fees only available for registered works).
The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms.
Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the rule of the shorter term". Not all countries have accepted this rule.
In addition to establishing a system of equal treatment that internationalised copyright amongst signatories, the agreement also required member states to provide strong minimum standards for copyright law.
Copyright under the Berne Convention must be automatic; it is prohibited to require formal registration (note however that when the United States joined the Convention in 1988, they continued to make statutory damages and attorney's fees only available for registered works).
The Berne Convention states that all works except photographic and cinematographic shall be copyrighted for at least 50 years after the author's death, but parties are free to provide longer terms, as the European Union did with the 1993 Directive on harmonising the term of copyright protection. For photography, the Berne Convention sets a minimum term of 25 years from the year the photograph was created, and for cinematography the minimum is 50 years after first showing, or 50 years after creation if it hasn't been shown within 50 years after the creation. Countries under the older revisions of the treaty may choose to provide their own protection terms, and certain types of works (such as phonorecords and motion pictures) may be provided shorter terms.
Although the Berne Convention states that the copyright law of the country where copyright is claimed shall be applied, article 7.8 states that "unless the legislation of that country otherwise provides, the term shall not exceed the term fixed in the country of origin of the work", i.e. an author is normally not entitled a longer copyright abroad than at home, even if the laws abroad give a longer term. This is commonly known as "the rule of the shorter term". Not all countries have accepted this rule.
WIPO - The World Intellectual Property Organisation
IP = Intellectual Property
- What is WIPO?
- What is WIPO?
The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.
WIPO was established by the WIPO Convention in 1967 with a mandate from its Member States to promote the protection of IP throughout the world through cooperation among states and in collaboration with other international organizations.
Its headquarters are in Geneva, Switzerland. - What is Intellectual Property?
- What is Intellectual Property?
Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.
Intellectual property is divided into two categories:
* Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and
* Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs. - Core Tasks of WIPO
- WIPO is responsible for
* Developing international IP laws and standards
* Delivering global IP protection services
* Encouraging the use of IP for economic development
* Promoting better understanding of IP
* Providing a forum for debate
BOOKS: About Copyright
books on Amazon
Patents, Copyrights & Trademarks for Dummies
Having the great idea, creating the magnificent work of art, or coming up with the next fad is only the first step to cashing in on your creativity and hard work. Next up is protecting your intellectual property. This book is for anyone who is intrigued by those three not-so-little words: patents, copyrights, and trademarks.
Amazon Price: (as of 11/23/2009) 
Patent, Copyright & Trademark: An Intellectual Property Desk Reference
Information for those who need to understand the terminology of intellectual property law is covered in a guide that addresses diverse aspects of patents, copyrights, trademarks, and trade secrets, as well as sample legal forms and complete explanations of the protections available. Original.
Amazon Price: $39.99 (as of 11/23/2009)
Business and Legal Forms for Photographers (with CD-ROM) (Business & Legal Forms for Photographers)
The third edition of this eminently useful book includes new forms for commercial lease, sublease, and lease assignment, plus: contract for the sale of an artwork, contract for a commission, delivery-of-art confirmation form, contract for an exhibition loan, model release, and much more. Each form includes step-by-step instructions, advice, and unique negotiation checklists for making the best deal possible. A convenient CD-ROM lets buyers customize and print their forms from any PC or Mac. Every fine artist needs a copy of this remarkable guide!
Amazon Price: $19.77 (as of 11/23/2009)
Business and Legal Forms for Authors and Self Publishers (Business & Legal Forms for Authors & Self-Publishers)
The 69th edition of the all-in-one book includes the tools writers need to sell their work, along with specific and practical writing advice.
Amazon Price: $19.77 (as of 11/23/2009)
Business And Legal Forms for Fine Artists (3rd Edition)
The third edition of this eminently useful book includes new forms for commercial lease, sublease, and lease assignment, plus: contract for the sale of an artwork, contract for a commission, delivery-of-art confirmation form, contract for an exhibition loan, model release, and much more. Each form includes step-by-step instructions, advice, and unique negotiation checklists for making the best deal possible. A convenient CD-ROM lets buyers customize and print their forms from any PC or Mac. Every fine artist needs a copy of this remarkable guide!
Amazon Price: $16.47 (as of 11/23/2009)
Copyright in the European Union
The copyright industries are critically important to the European Community because they involve media, cultural, and knowledge industries. Development in the industries is indicative of performance in post-industrial society especially where related to the information society.
The European legal framework is known as the acquis
The European legal framework is known as the acquis
- Internal Market - Copyright and Neighbouring Rights - Index
- European Commission - Copyright and related rights provide an incentive for the creation of and investment in new works and other protected matter (music, films, print media, software, performances, broadcasts, etc.) and their exploitation, thereby contributing to improved competitiveness, employmen
- Internal Market - COPYRIGHT AND NEIGHBOURING RIGHTS - News
- European Commission - Copyright and related rights
LATEST NEWS - European Union - Green Paper on copyright in the knowledge economy
- The Commission adopted a Green Paper on copyright in the knowledge economy
The Green Paper focuses on the role of copyright in fostering dissemination of knowledge for research, science and education. The Green Paper is intended as the starting point for a structured debate on the long-term future of copyright policy in these fields. Copyright policy has increasingly emerged as a transversal issue, involving not only the internal market and cultural policies but also information society, competition and consumer interests. The Green Paper is an attempt to organise this debate and point to future challenges in fields that have not been a focal point up to now, e.g. scientific and scholarly publishing, and the role of libraries, researchers and the persons with a disability. - Rapid - Press Releases - EUROPA
- IP/08/1156 - Brussels, 16 July 2008
Intellectual Property: Commission adopts forward-looking package
The European Commission today adopted two initiatives in the area of copyright. - Making a Mark: Visual artists and Copyright in the Knowledge Economy
- Last week the European Commission published a Green Paper Copyright in the Knowledge Economy (pdf file). It starts from the presumption that it has to reconcile the protection of the legitimate interests of the rightholders with the wider goal of access to knowledge. So it starts from the perspective of two admirable aims.
It is not an infringement of the copyright in a work if you draw, take a photograph or make a film of, buildings or sculptures or works of artistic craftsmanship which are located in a public places or in premises open to the public.
Copyright in the UK
See also the links to the European Framework for Copyright Law in the module immediately above
- UK Intellectual Property Office - Copyright
- Copyright advice from the UK government
Copyright applies to Art
Copyright applies to original artistic works such as paintings, drawings, engravings, sculptures, photographs, diagrams, maps, works of architecture and works of artistic craftsmanship.
So, for example, cartoon characters may have copyright protection and if you wish to copy the characters onto cakes, wallpaper and so on, you will almost certainly need a licence to do this to avoid infringing copyright.
If you wish to use or copy copyright protected artistic works you may need the permission for the rights holder, unless copyright exceptions apply......(more)
The creator of the work will be the author and first owner and copyright will last for life of the author plus 70 years.
Copyright is, however, a form of intellectual property which, like physical property, can be bought or sold, inherited or otherwise transferred, wholly or in part. So, some or all of the economic rights may subsequently belong to someone other than the first owner. - UK Intellectual Property Office - Art
- Copyright applies to original artistic works such as paintings, drawings, engravings, sculptures, photographs, diagrams, maps, works of architecture and works of artistic craftsmanship.
- What is Intellectual Property?
- UK Intellectual Property Office - What is Intellectual Property?
Intellectual property (IP) can allow you to own things you create in a similar way to owning physical property. You can control the use of your IP, and use it to gain reward. This encourages further innovation and creativity. The four main types of IP are:
- Copyright
- Designs
- Patents
- Trade Marks - EUR-Lex - 32001L0029 - EN
- EUR-Lex provides direct free access to European Union law.
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
BOOKS: Copyright and the Internet - Practice
Getting Permission: How to License & Clear Copyrighted Materials Online and Off (book with CD-Rom)
If you plan to use any copyrighted material for your own purposes, you need to get permission first from the owners of that work. If you don't, you could find yourself slapped with a lawsuit.Getting Permission tackles the permissions process head on. It shines the light on whom to ask for permission, as well as when -- and how much to expect -- to pay for permission. Comprehensive and easy to read, the book covers, the permissions process, the public domain, copyright research, fair use, academic permissions, the elements of a license and merchandise agreement, the use of a trademark or fictional character and much more. Getting Permission includes agreements for acquiring authorization to use text, photographs, artwork and music. All agreements included as tear-outs and on CD-ROM.The 3rd edition of this essential book is completely updated to reflect the latest laws and court decisions. It also provides new information and resources on digital licensing and a new section on video licensing.
Amazon Price: $23.09 (as of 11/23/2009)
Internet Surf and Turf-Revealed: The Essential Guide to Copyright, Fair Use, and Finding Media
Make sure students understand whose turf they are on when they surf the Internet for media! This one-of-a kind book provides important, easy-to-understand information on copyright laws and the concept of fair use as they relate to Internet media. Students will also learn how to search for public domain media.
Amazon Price: $28.43 (as of 11/23/2009)
Copyright and Intellectual Property in the USA
Not all countries operate copyright law in the same way - and the USA is one of them.
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.
(Extracted from Copyright in General)
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.
(Extracted from Copyright in General)
- U.S. Copyright Office
- U.S. Copyright Office is an office of public record for copyright registration and deposit of copyright material.
- United States Patent and Trademark Office Home Page
- The only official Website of the United States Patent and Trademark Office - lots of useful information and regular updates
- Copyright Office Basics
- U.S. Copyright Office is an office of public record for copyright registration and deposit of copyright material.
- U.S. Copyright Office - Frequently Asked Questions
- The Copyright Office offers introductory answers to frequently asked questions about copyright, registration, and services of the Office. Click on a subject heading below to view questions and answers relating to your selection. Links throughout the answers will guide you to further information on our website or from other sources.
- Copyright Office Basics
- U.S. Copyright Office is an office of public record for copyright registration and deposit of copyright material.
- U.S. Copyright Office - Visual Art Works Registration
- U.S. Copyright Office instructions for registering works of the visual arts.
- The Anatomy of a Copyright Case
- The Anatomy of a Copyright Case
Joshua Kaufman © 20001 (Joshua Kaufman is one of the USA's leading art and licensing lawyers. Many of his published arts on art law, copyright, licensing and e-commerce can be found on his web site at, www.jjkaufman.com)
Copyright Law in the USA
- U.S. Copyright Office - Copyright Law of the United States
- Copyright Laws of the USA and related laws
- Complete version of the U.S. Copyright Law, October 2007
- pdf file = 2.5mb
- The Digital Millennium Copyright Act (DMCA) 1998
- THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
U.S. Copyright Office Summary
The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues - Digital Millennium Copyright Act - Wikisource
- Digital Millennium Copyright Act From Wikisource
From the U.S. Copyright Office.112 Stat. 2860 - Bridgeman Art Library v. Corel Corp. - Wikipedia, the free encyclopedia
- Bridgeman Art Library v. Corel Corp., 36 F. Supp. 2d 191 (S.D.N.Y. 1999), was a decision by the United States District Court for the Southern District of New York, which ruled that exact photographic copies of public domain images could not be protected by copyright because the copies lack originality.
Even if accurate reproductions require a great deal of skill, experience and effort, the key element for copyrightability under U.S. law is that copyrighted material must show sufficient originality.
Other related sites
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Resources for Artists - The Art Business Headquarters
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Resources for Artists - The Art BusinessThis group is for visual fine artists who want to sell their art and/or learn more about the business side of being artist The emphasis is on the provision of links to advice, information and products for artist...
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Copyright Infringement
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Know Your Copyrights If you've had your work stolen, copied or 'borrowed' there are usually steps that can be taken to protect your work, although some legal avenues can be expensive. However, your work illegally posted by someo...
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The Art Business - Resources for Visual Artists
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Do you want to know more about the business side of being an artist? Or maybe you're looking for a particular piece of business information for artists? Whether you are an emerging or experienced artist, this site provides you with a link to informa...
BOOKS: Copyright and the Visual Arts
books on Amazon
Legal Guide for the Visual Artist
This highly acclaimed reference book presents a comprehensive overview of the legal issues faced by anyone working in the visual arts. The narrative text is arranged into twenty-four chapters covering: copyright, contracts, censorship, moral rights, sales (by artist, gallery, or agent), taxation, estate planning, museums, collecting, and grants.
The book suggests basic strategies, gives information to help with further action, and contains many sample legal forms and contracts. This 1999 edition is a complete revision, providing legal information and covering the ever-increasing importance of new media and electronic rights (as at 1999). NB This is the top rated copyright publication for visual artists on Amazon
Amazon Price: $13.57 (as of 11/23/2009)
Licensing Art and Design: A Professional's Guide to Licensing and Royalty Agreements
Amazon Price: $16.95 (as of 11/23/2009)
Permissions, A Survival Guide: Blunt Talk about Art as Intellectual Propery
Amazon Price: $10.20 (as of 11/23/2009)
Law, Ethics, And the Visual Arts
Amazon Price: $128.00 (as of 11/23/2009)
Orphan Works proposals - and what they mean for artwork, artists and bloggers
Includes links to sites which tell you how to lobby against the proposals
"Orphan Works" are copyrighted works - books, music, records, films, etc - whose owner cannot be located.
Works can become "orphaned" for a number of reasons:
- the owner did not register the work,
- the owner sold rights in the work and did not register the transfer,
- the owner died and his heirs cannot be found.
OVER 81 CREATOR ORGANISATIONS OPPOSE THE U.S. ORPHAN WORKS ACT of 2008.
The Illustrators Partership (and others) are leading the fight on behalf of all visual artists against the The U.S. Orphan Works Act of 2008.
The proposed changes to copyright law threaten the exclusive rights and copyright protections afforded to visual artists by the 1976 U.S. Copyright Act and international treaties and copyright conventions.
Works can become "orphaned" for a number of reasons:
- the owner did not register the work,
- the owner sold rights in the work and did not register the transfer,
- the owner died and his heirs cannot be found.
OVER 81 CREATOR ORGANISATIONS OPPOSE THE U.S. ORPHAN WORKS ACT of 2008.
The Illustrators Partership (and others) are leading the fight on behalf of all visual artists against the The U.S. Orphan Works Act of 2008.
The proposed changes to copyright law threaten the exclusive rights and copyright protections afforded to visual artists by the 1976 U.S. Copyright Act and international treaties and copyright conventions.
- Bill re. The Orphan Works Act of 2008 (H.R. 5889)
- House of Representatives - link to a PDF of The Orphan Works Act of 2008 (H.R. 5889)
To provide a limitation on judicial remedies in copyright infringement cases involving orphan works. - Bill re. Shawn Bentley Orphan Works Act of 2008
- Senate - link to a pdf of the Bill re. Shawn Bentley Orphan Works Act of 2008
To provide a limitation on judicial remedies in copyright infringement cases involving orphan works - U.S. Copyright Office - Orphan Works
- Congressional Testimony on Orphan Works
Statement of Marybeth Peters, The Register of Copyrights before the Subcommittee on Courts, the Internet and Intellectual Property Committee on the Judiciary on The "Orphan Works" Problem and Proposed Legislation. - Orphan Works Opposition Headquarters
- Orphan Works Opposition Headquarters. Dedicated to opposing the Orphan Works legislation. (The Shawn Bentley Orphan Acts of 2008 (S. 2913) and The Orphan Works Act of 2008 (H.R. 5889))
- IPA - Groups Opposing the Orphan Works Bills as Written
- Groups Opposing the Orphan Works Bills as Written
by Artists United Against the U.S. Orphan Works Acts
The following organizations oppose H.R. 5889, The Orphan Works Act of 2008 and S. 2913, The Shawn Bentley Orphan Works Act of 2008 because each bill permits, and even encourages, wide-scale infringements while depriving creators of protections currently available under the Copyright Act. - Illustrators Partnership - Legislative Action Center
- Take Action: Don't Let Congress Orphan Your Work
This site makes it easy for you to communicate with your members of Congress. Please feel free to use the templates below and when you fill out your address, your members of Congress will be automatically identified. - Little Orphan Artworks by Lawrence Lessig
- Little Orphan Artworks by Lawrence Lessig, a Law Professor at Stanford University for the New York Times (20th May 2008)
You'll need to register with the New York Times to read this - Animation World Magazine: Mind Your Business: You Will Lose All The Rights to Your Own Art By Mark Simon
- Mind Your Business: You Will Lose All The Rights to Your Own Art By Mark Simon
April 10, 2008
Mark Simon is mad as hell and, in this month's "Mind Your Business," he tells you why you should be too. - What Orphan Works Could Mean to Bloggers : The Blog Herald
- What Orphan Works Could Mean to Bloggers
April 28, 2008 | By Jonathan Bailey
The orphan works legislation, last seen in 2006, now has the attention of Congress again with two similar bills, one in the House and one in the Senate. These bills, should either of them pass, could have a drastic impact on copyright holders both within and outside of the United States. - Orphan works - Wikipedia, the free encyclopedia
- Orphan works From Wikipedia, the free encyclopedia Jump to: navigation, search
An orphan work is a copyrighted work where it is difficult or impossible to contact the copyright holder. This situation can arise for many reasons. The author could have never been publicly known because the work w - Artists Network - Understanding the Orphan Works Controversy
- Understanding the Orphan Works Controversy - The Artists Network, the leading online destination for art inspiration, tips and products
- The Illustrators Partnership Orphan Works Blog
- Over 81 creators' organizations oppose the U.S. Orphan Works Bills.
- IPA - For our International Friends and Colleagues
- For our International Friends and Colleagues
by The Illustrators' Partnership - The Illustrators Partnership Orphan Works Blog - Orphan Works: A Public Knowledge Postmortem
- Orphan Works: A Public Knowledge Postmortem
ESSENTIAL READING - Orphan Works: Lame Duck Countdown Part I. Little Known Facts
- ILLUSTRATORS' PARTNERSHIP ORPHAN WORKS BLOG - Lame Duck Part I
Congress will reconvene for a lame duck session next week. That means Orphan Works backers may try again to pass their bill by suspending the rules. We believe this bill is too controversial to be passed by backroom dealing. It would let commercial interests harvest and monetize the personal property of ordinary citizens without their knowledge. - Orphan Works Lame Duck Countdown: Part II. The Legislative Blueprint
- ILLUSTRATORS' PARTNERSHIP ORPHAN WORKS BLOG - Lame Duck Part 2
The "legislative blueprint" for the Orphan Works Act was not drafted by the Copyright Office after their year-long Orphan Works study, but before it, by law students at the Glushko-Samuelson Intellectual Property Law Clinic.
Their Copyright Clearance Initiative (CCI) is the document that first proposed the "limitation on remedies" that would radically change international copyright law. - Orphan Works | Public Knowledge
- Since 2005, efforts have been underway to solve the Orphan Works problem.
Public Knowledge and many other organizations have proposed that the law should allow use of an orphan work if the user searched for the copyright owner in good faith and with reasonable diligence but failed to find the owner to ask permission.
The copyright office recommends a similar solution, differing only in how the remedies would be limited.
Groups of copyright holders, mainly photographers, illustrators, graphic artists, and textile designers, have opposed both specific aspects of our proposals and the Copyright Office recommendations and any attempts to permit use without consent.
Public Knowledge and other proponents of an orphan works policy are hopeful that, working with other copyright holders, we can work toward a common policy goal of making sure orphan owners are found. - British Journal of Photography - Act now!
- Photography magazine for professional photographers. Includes pics, reviews, weekly news, photo temp.htmls, competitions etc. World's oldest (est 1854) photography mag.
- Little Orphan Artworks - New York Times
- The problem of "orphan works", those works whose owners cannot be found, is real, but the solution before Congress is both unfair and unwise.
CONGRESS is considering a major reform of copyright law intended to solve the problem of "orphan works" - those works whose owner cannot be found. This "reform" would be an amazingly onerous and inefficient change, which would unfairly and unnecessarily burden copyright holders with little return to the public. - Orphan Works: A Lame Duck Countdown Part III: 215 Letters
- Nearly 300 million people live in the US. How many of them does it take to make an "orphan works problem"? Apparently 215 (give or take a few). That's the only conclusion we can draw from the Report on Orphan Works released by the Copyright Office in 2006.
Copyright and the law for visual artists - helpful blogs
Some of these blogs and websites are specifically aimed at visual artists, others are more generic but have relevance to visual artists
- The Art Law Blog
- Donn Zaretsky of John Silberman Associates blogs about interesting aspects of art law and legal cases
- SEO - Search Engine Optimization | Read SEOmoz, Rank Better
- SEOmoz is a hub for the search marketing industry, providing an SEO Services Marketplace, a popular SEO Blog, SEO Tools and premium content.
Search on 'copyright' to come up with a collection of references relating to copyright. - Lorelle on WordPress
- News for WordPress users and a guide to doing more with a WordPress weblog.
Lorelle provides expert practical advice on dealing with copyright infringements relating to theft of content on the internet. - The Illustrators Partnership Orphan Works Blog
- Updates for visual artists about The U.S. Orphan Works Act of 2008.
The proposed changes to copyright law threaten the exclusive rights and copyright protections afforded to visual artists by the 1976 U.S. Copyright Act and international treaties and copyright conventions.
Includes the archive from Illustrators' Partnership Orphan Works Resource Page) - Fairly Used
- Stanford Copyright & Fair Use Center
Fairly Used Blog
Copyright - Information and Advice websites
This module is reserved for websites where the authors have developed a comprehensive resource
- Copyright Advisory Network
- A community of librarians, copyright scholars, policy wonks. Join us.Please feel free to use the forums,resources,or blog. This website is a way for librarians to learn about copyright and seek feedback and advice from fellow librarians and copyright specialists.
- Harvard Law School - The Artist's Rights
- Image Rights
Copyright - including case law re. appropriation of art and derivatives
Moral Rights
Resale Right - What is Copyright Protection?
- Note: This is a non-profit web site that contains basic and general copyright information provided for educational purposes only. The owner of this web site does not answer copyright questions, debate or provide free legal advice.
Copyright for Artists - helpful articles
- FAR Columnist: Cindy Hill - Copyright and the Rights of Models
- Fine Art Registry: FAR Columnist Cindy Hill - Lawyer and Art Collector - Article: Copyright and the Rights of Models
Interesting article which highlights various aspects of copyright law and the model release. (Note: Also serves to highlight the FAR service) - Legal Tips for Artists, Do Not Copy: Copyright Law Prohibits Rendering a Close Copy of Another Artist's Works, Fine Art Registry article - legal art
- Fine Art Registry - Article: Legal Tips for Artists, Do Not Copy: Copyright Law Prohibits Rendering a Close Copy of Another Artist's Works - Art Legal series
A reader recently enquired about the legality of being hired to render a close copy of another artist's original works.............
This article comments on the legality of copying the work of other artists and the nature of a copy and a derivative work and violations of copyright law. It also identifies where copying is allowed and the notions of fair use, transformation and copyright infringement. - FAR Columnist: Cindy Hill - Hot Air, Shells, and Flowers: Can You Copyright an Inspiration?
- Fine Art Registry: FAR Columnist Cindy Hill - Lawyer and Art Collector - Article: Hot Air, Shells, and Flowers - Can You Copyright an Inspiration?
A very interesting article which comments on 'business art' and the production of art in the name of an artist by other workers. It questions whether 'styles' of art can be copyrighted.
It also comments on the Chihuly lawsuits against a rival - and former employee - glassblower and one of his contract suppliers and looks at the issue of images produced by nature and the concept of common heritage.
Available as a pdf file to download - FAR Columnist: Cindy Hill - Layers: Copyright and Photos or Art, and Art of Photos, and So On...
- Fine Art Registry: FAR Columnist Cindy Hill - Lawyer and Art Collector
Article: Layers: Copyright and Photos or Art, and Art of Photos, and So On...
A very useful article which comments on the nature of images produced using photography and the extent to which you can assert copyright over subject matter of various types and/or photographs produced as a result. It also considers the question of duplications and derivative works. - It's Your Work: Prove It | The Blog Herald
- What to do when a website accuses you of infringing copyright because somebody else has uploaded your work to their site.
Also discusses repudiation services - Copyright Myths Debunked : Art + Law + Blog
- The artLaw blog help people make, sell and monetize art and provide support in fights over art.
- If You Post Your Works on Social Networking Sites, Pay Close Attention to Your Privacy Settings Options : Art + Law + Blog
- The issue is not about posting pictures online; it's about access. Problems can arise pictures are posted automatically profiles on a social networking site. Although the creative commons license covered the pictures on the first site, privacy settings can allow advertisers access to the photos when posted on a profile.
- Copyright Pitfall No. 1: When Nature Inspires Your Art, Watch Out : Art + Law + Blog
- By Tobias Butler, Attorney at Law
Copyright law is prejudiced against art that depicts nature. Faithful recreations of nature by themselves are simply not copyrightable. And, regardless of the beauty and innovation of a work of art, it can miss copyright protection if the artist fails to incorporate anything beyond exact elements from the natural world. - Copyright Pitfall No. 2: When Nature Inspires Your Art, Make Sure You Copy Only Mother Nature : Art + Law + Blog
- When it comes to enforcing your copyright in a court, nature-based works are a double-edged sword. As we discussed before in Pitfall No. 1, your original elements list will be shorter because many aspects of the work come from mother nature herself. Her work cannot be original to you.
- WHAT IS ART - A CHART : Art + Law + Blog
- Take a look at the chart entitled: "WHAT IS ART?" to find out what art is copyrightable....
Ways to locate Copyright Holders
- Locating U.K. Copyright Holders
- Harry Ransom Center, The University of Texas at Austin
Locating U.K. Copyright Holders - Locating U.S. Copyright Holders
- Harry Ransom Center, The University of Texas at Austin
Locating U.S. Copyright Holders
Copyright Tools
This is a tool which provides an indication of copyright status in the context of the American law on copyright.
- Digital Copyright Silder
- Instructions top left
The answer comes bottom left when you move the slider on the right
Click on the copyright line to find out who are the authors, what is the copyright status of this tool and what it's licensing status is. - DIRC Digital Image Rights Computator
- The Digital Image Rights Computator (DIRC) program is intended to assist the user in assessing the intellectual property status of a specific image documenting a work of art, a designed object, or a portion of the built environment.
- FAR: Protect and Preserve - What is FAR? - FAR® Tag Technology and Permanent Online Registry for Art and Collectibles
- Fine Art Registry - FAR: Protect and Preserve - What is FAR?
FAR is...
* a web site where artists can permanently register their art when they create it and where collectors, museums and galleries can register their collections.
* a high tech, one-of-a-kind, patented tagging system for works of art which helps establish authenticity and prevent art fraud and theft.
FAR® Tag Technology and Permanent Online Registry for Art and Collectibles - Solutions | Digimarc
- Digimarc Corporation (NASDAQ: DMRC), based in Beaverton, Oregon, enables businesses and governments worldwide to enrich everyday living by giving digital identities to media and objects that computers can 'see, hear, understand and react to.' Digimarc is a leading innovator and technology provider.
"Digimarc is a leading innovator and technology provider offering solutions for protecting, managing and commercializing all forms of digital media.
Through deep relationships with our licensees and business partners, we enable a wide range of solutions for media identification and management, counterfeit and piracy deterrence, and digital commerce using distribution models that provide consumers with more choice and access to media content." - About Digital Watermarking | Digimarc
- Digimarc Corporation (NASDAQ: DMRC)
A Digimarc digital watermark is a special message embedded in an image, whether it is a photo, video or other digital content. Digimarc's software embeds these "imperceptible" messages by making subtle changes to the data of the original digital content. These watermarks can then be "read" to validate original content and/or deliver an action, such as delivering content to a mobile phone. - Digimarc for Images - Professional Edition :: Digital Watermarking & Copyright Protection for Photos/Pictures/Images
- "Digimarc's Professional Edition provides digital watermarking & online copyright protection for your images, pictures & photos.
We provide maximum digital security through visual watermarks, covert digital watermarks, online archiving & storage, and online tracking for any image, photo or picture in your digital portfolio." - Copyscape
- Search for copies of your page on the web.
Defend your site with a plagiarism warning banner!
Premium - Check if content is unique and original.
Copysentry - Monitor the web regularly for plagiarism.
Copyright - Derivative Works
- Copyright Awareness Week - VISUAL ART CASES - DERIVATIVES
- VISUAL ART CASES - DERIVATIVES
Intro by Monica Corton
Slide Notes by Nancy Wolff, Esq.
A person who creates a copyrightable work has not only the right to protect the original work, but also the right to protect and control any works that are variations on the original work. These variations are called "derivative works" and they include making modifications, adaptations or other new uses of a work, or translating the work to another media. - Making a Mark: Art competitions and copyright - the AWS Gold Medal debate
- This is a lengthy post highlighting issues relating to the use of reference photographs for artwork and is of relevance to:
* art societies which have to deal with disputes about copyright
* artists selling work or entering competitions with artwork based on a reference photo taken by somebody else, and
* artists who work in a hyperrealistic/photorealistic way.
It references the recent controversy regarding the AWS Gold Medal 2008 and reviews issues within a wider context - Shutterstock Photographer Forum :: View topic - check out this thief
- A thread on the Shutterstock Forum dealing with photographers alleging infringment of their copyrights
- Copyright infringement at AWS? - WetCanvas!
- Palette Talk
Copyright infringement at AWS? - Narrow Exceptions to an Old Rule: The Role of Fair Use in Copyright Law : Art + Law + Blog
- By John Paul Benitez & Coco Soodek, Attorneys at Law
everal months ago, the American Watercolor Society awarded its 2008 Gold Medal to Sheryl Luxenburg for the work Impermanence (pictured above), a hyper-realistic painting of an old man juxtaposed with a rotting piece of fence. Luxenburg's prize-winning work consisted of emulations of two stock photographs. A series of spontaneous, vigorous debates erupted on the Web about Luxenburg's conduct and entitlement to the prize. Many people assumed that Impermanence infringed on the copyrights of the stock photographers and, therefore, should be disqualified.
These assumptions about infringement and about ways to avoid it underscore a persistent and confusing question for the pop or mixed-media artist: When do you cross the line into copyright infringement?
Fair Use
(From Wikipedia)
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
United States trademark law also incorporates a "fair use" defense, which also stems from the First Amendment of the U.S. constitution.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect 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 above factors
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
United States trademark law also incorporates a "fair use" defense, which also stems from the First Amendment of the U.S. constitution.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect 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 above factors
- U.S. Copyright Office - Fair Use
- Factsheet on fair use of copyrighted works.
- Fair use - Wikipedia, the free encyclopedia
- Fair use From Wikipedia, the free encyclopedia
- SEOmoz | What's Fair About Fair Use? Defending a Copyright Infringement Claim
- Here's the quick and dirty outline of what we're going to cover in this post:
- What is "fair use"?
- Does the fair use defense only work in the United States?
- How does fair use related to trademark, copyright, and patent law?
- What's the big deal about fair use? Why do we care?
- There are four factors to consider when determining whether you are illegally infringing someone's copyright or merely employing fair use of the material: - Narrow Exceptions to an Old Rule: The Role of Fair Use in Copyright Law : Art + Law + Blog
- By John Paul Benitez & Coco Soodek, Attorneys at Law Several months ago, the American Watercolor Society awarded its 2008 Gold Medal to Sheryl Luxenburg for the work Impermanence (pictured above), a hyper-realistic painting of an old man juxtaposed...
BOOKS: Copyright Law and Fair Use
Copyright Law for Librarians and Educators
For fresh, timely insights and application of copyright law for librarians, educators, and academics, Professor Crews maps the territory in a dramatically revised edition of "Copyright Essentials. Readers will: - Learn basic copyright definitions and key exceptions for education and library services- Find information quickly with key points sidebars, legislative citations, and cross-references- Understand the four factors of fair use and related court interpretations- Get up to speed on current interpretations of the Digital Millennium Copyright Act from a librarian-educator viewpoint
Passages are available to preview on Google Books - including the section relating to Fair Use
Amazon Price: $50.00 (as of 11/23/2009)
The Complete Copyright Liability Handbook for Librarians and Educators (Legal Advisor for Librarians, Educators & Information Profes) (Legal Advisor for Librarians, Educators & Information Profes)
Directed to librarians, educators, and network administrators, discusses how to develop a copyright compliant environment, limit exposure, and be in compliance with all laws.
Amazon Price: $125.00 (as of 11/23/2009)
BOOKS: Copyright and the Internet - The Philosophy and the Questions
Free Culture: The Nature and Future of Creativity
Lawrence Lessig, the most important thinker on intellectual property in the Internet era ("The New Yorker"), masterfully argues that never before in human history has the power to control creative progress been so concentrated in the hands of the powerful few, the so-called Big Media. Never before have the cultural powers- that-be been able to exert such control over what we can and cant do with the culture around us. Our society defends free markets and free speech; why then does it permit such top-down control? To lose our long tradition of free culture, Lawrence Lessig shows us, is to lose our freedom to create, our freedom to build, and, ultimately, our freedom to imagine
Amazon Price: $10.88 (as of 11/23/2009)
Code: And Other Laws of Cyberspace, Version 2.0
There's a common belief that cyberspace cannot be regulated--that it is, in its very essence, immune from the government's (or anyone else's) control. Code, first published in 2000, argues that this belief is wrong. It is not in the nature of cyberspace to be unregulable; cyberspace has no "nature." It only has code--the software and hardware that make cyberspace what it is. That code can create a place of freedom--as the original architecture of the Net did--or a place of oppressive control. Under the influence of commerce, cyberspace is becoming a highly regulable space, where behavior is much more tightly controlled than in real space. But that's not inevitable either. We can--we must--choose what kind of cyberspace we want and what freedoms we will guarantee. These choices are all about architecture: about what kind of code will govern cyberspace, and who will control it. In this realm, code is the most significant form of law, and it is up to lawyers, policymakers, and especially citizens to decide what values that code embodies. Since its original publication, this seminal book has earned the status of a minor classic. This second edition, or Version 2.0, has been prepared through the author's wiki, a web site that allows readers to edit the text, making this the first reader-edited revision of a popular book.
Amazon Price: $13.16 (as of 11/23/2009)
Who Controls the Internet?: Illusions of a Borderless World
"It is time that America learn an important lesson about the Internet--that however cyber the space is, it is also real, and subject to real space governments. This is the very best work to make this fundamental point. Goldsmith and Wu have made understandable and accessible an argument political culture should have realized a decade ago." -- Lawrence Lessig, author of Code and Free Culture "Jack Goldsmith and Tim Wu are among the most creative and provocative legal scholars of their generation. In this surprising, unsentimental, and ultimately optimistic book, they reject romantic abstractions about the globalizing and transformative power of the Internet. National laws, traditions, and customs are just as important in controlling cyberspace as they are in real space, they argue. And that's a good thing because decentralized control can encourage freedom, diversity, and self-determination. Combining realism with idealism, Who Controls the Internet? offers an adult manifesto for the future of freedom in an interconnected world." -- Jeffrey Rosen, author of The Naked Crowd
"Jack Goldsmith and Tim Wu have written an informative, engaging and provocative book that will undoubtedly challenge most people's preconceptions of the Internet. This is the most important book about the politics of the Internet since Lawrence Lessig's Code." -- Daniel W. Drezner, University of Chicago and danieldrezner.com "In the 1990s the Internet was greeted as the New New Thing: It would erase national borders, give rise to communal societies that invented their own rules, undermine the power of governments. In this splendidly argued book, Jack Goldsmith and Tim Wu explain why these early assumptions were mostly wrong: The Internet turns out to illustrate the enduring importance of Old Old Things, such as law and national power and business logic. By turns provocative and colorful, this is an essential read for anyone who cares about the relationship between technology and globalization." -- Sebastian Mallaby, Editorial Writer and Columnist, The Washington Post
Amazon Price: $9.95 (as of 11/23/2009)
Code v2.0 by Lawrence Lessig
a landmark publication in relation copyright and the law of cyberspace
Codev2 by Lawrence Lessig
From the Preface: "This is a translation of an old book-indeed, in Internet time, it is a translation of an ancient text." That text is Lessig's "Code and Other Laws of Cyberspace." The second version of that book is "Code v2." The aim of Code v2 is to update the earlier work, making its argument more relevant to the current internet.
Code v2 was written in part through a collaborative Wiki. That version is still accessible here. Lessig took the Wiki text as of 12/31/05, and then added his own edits. Code v2 is the result.
The Wiki text was licensed under a Creative Commons Attribution-ShareAlike 2.5 License. So too is the derivative. Reflecting the contributions of the community to this new work, all royalties have been dedicated to Creative Commons.
You can download the full text in PDF form. The text is also available in a Wiki hosted by SocialText. And obviously, you can also buy the book at the links to the right. (A wise choice, as it is cheaper than printing the book in most contexts.)
Code v2 by Lawrence Lessig is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
From the Preface: "This is a translation of an old book-indeed, in Internet time, it is a translation of an ancient text." That text is Lessig's "Code and Other Laws of Cyberspace." The second version of that book is "Code v2." The aim of Code v2 is to update the earlier work, making its argument more relevant to the current internet.
Code v2 was written in part through a collaborative Wiki. That version is still accessible here. Lessig took the Wiki text as of 12/31/05, and then added his own edits. Code v2 is the result.
The Wiki text was licensed under a Creative Commons Attribution-ShareAlike 2.5 License. So too is the derivative. Reflecting the contributions of the community to this new work, all royalties have been dedicated to Creative Commons.
You can download the full text in PDF form. The text is also available in a Wiki hosted by SocialText. And obviously, you can also buy the book at the links to the right. (A wise choice, as it is cheaper than printing the book in most contexts.)
Code v2 by Lawrence Lessig is licensed under a Creative Commons Attribution-ShareAlike 2.5 License.
Creative Commons
- Creative Commons
- Creative Commons licenses provide a flexible range of protections and freedoms for authors, artists, and educators.
- Choose a License
- Creative Commons helps you publish your work online while letting others know exactly what they can and can't do with your work. When you choose a licence, we provide you with tools and tutorials that let you add licence information to our own site, or to one of several free hosting services that have incorporated Creative Commons.
- International - Creative Commons
- Creative Commons International (CCi) works to "port" the core Creative Commons Licenses to different copyright legislations around the world. The porting process involves both linguistically translating the licenses and legally adapting them to particular jurisdictions.
- Projects - Creative Commons
- Creative Commons licenses provide a flexible range of protections and freedoms for authors, artists, and educators.
Creative Commons has launched a series of projects designed to support and expand the public domain. - ccLearn
- ccLearn is a division of Creative Commons which is dedicated to realizing the full potential of the Internet to support open learning and open educational resources (OER).
- My Disappointment With Creative Commons - PlagiarismToday
- .....after half a decade of licensing virtually every word I pen under a Creative Commons License, I've started to look back with a sense of disappointment.
Commercial Copyright Registration and Licensing
online registries and licensing companies
- iCopyright Launches Creator Services - PlagiarismToday
- Content licensing company iCopyright has opened up a beta of their new, free service targeted at bloggers and other content creators on the Web. Entitled iCopyright for Creators, the service holds a great deal of promise for those seeking an easy way to encourage reuse of their content while protecting their rights.
- Free Links, Only $50 Apiece
- Some online news sites have begun charging others to link to their articles. But legal experts say no U.S. law or court decision allows a website to successfully demand payment. Declan McCullagh reports from Washington.
- iCopyright Launches New Instant Licensing Services
- Copyright (www.icopyright.com) has launched two new instant licensing services designed to help online publishers promote lawful reuses of their copyrighted content while protecting their rights: Instant PDF E-Prints and Instant Web Posting services.
- iCopyright has gotten a reprieve, thanks to one man's tenacity
- By JOHN COOK
SEATTLE POST-INTELLIGENCER REPORTER - Creating a Custom License - PlagiarismToday
- ......one of the more interesting features has been largely ignored, including in my original article: The ability to create custom licenses including the ability to edit the description and the full terms.
This is a great opportunity for those who like Creative Commons-style licensing but have not found the exact terms to suit them to easily make their content available for limited reuse. - Fine Art Registry
- Fine Art Registry The Worlds first Online Permanent Registry and Marketplace for Fine Art and Collectibles!
- FAR: Protect and Preserve - What is FAR?
- Fine Art Registry - FAR: Protect and Preserve - What is FAR?
Copyright free and royalty free
People get confused about "copyright free" and "royalty free" - which are not the same things.
This section aims to find references which help to clarify the issue.
This section aims to find references which help to clarify the issue.
- Making a Mark: The difference between "copyright free" and "royalty free"
- Given that at least part of the controversy surrounding the painting which was awarded the American Watercolour Society Gold Medal this year concerns copyright I thought it might be helpful to outline the difference between "copyright free" and "royalty free" - as this seems to be something people get confused about.
- Rights Managed - Wikipedia, the free encyclopedia
- Rights Managed refers to a type of contract between a two entities (the licensor and licensee), that is employed when licensing the rights to use content, such as photographs. The term Rights Managed means that the seller of the license is specifically giving permission to the buyer to use the content in a certain way. This typically includes restrictions on the length of time, the medium, the size, the format and the location the content can be used (in). The more flexible, or beneficial rights one purchases, the more expensive the license.
The Rights Managed license contrasts with the royalty-free license, wherein the buyer usually receives the right to use the content in perpetuity, with much more flexible restrictions. Royalty Free because they normally do not need to come back to pay more royalties for additional rights for other uses. - Royalty-free - Wikipedia, the free encyclopedia
- Royalty Free refers to a type of contract between a two entities (the licensor and licensee), that is employed when licensing the rights to use content, such as photographs. The term Royalty Free means that once the content is licensed under a set of guidelines, the licensee is normally free to use it in perpetuity without paying additional royalty charges.
The Royalty Free license contrasts with the rights-managed license, wherein the buyer usually receives the right to use the content in very specific ways, with restrictions placed on things like period of time used, geographic region, industry, size published, etc. Rights Managed is so called because the licensor is specifically managing the publishing rights for the content. - Stock Photos | Shutterstock: Royalty-Free Subscription Stock Photography & Vector Art
- Search and select from millions of high resolution royalty free images, stock photos, vector art, and stock photography.
FAQs relating to royalty free photos on this popular stock photography site - Reproduction fees - Wikipedia, the free encyclopedia
- Reproduction fees are charged by image collections for the right to reproduce images in publications. This is not the same as a copyright fee, but is charged separately, as is the cost of the provision of the image. It can be charged where an image is out of copyright, and reflects the possession of the image by a collection.
Copyright and content theft - helpful blog posts
- What Do You Do When Someone Steals Your Content - Lorelle on WordPress
- Blog Writing Tips
Lorelle writes: Having been the target of copyright thieves, and working with writers, authors, and photographers on copyright protection and laws for over 25 years, I thought I'd talk a little about what to do when someone steals your content. - The Growing Trends in Content Theft: Image Theft, Feed Scraping, and Website Hijacking - Lorelle on WordPress
- Lorelle writes: Stealing content directly off your site or blog and posting it on another blog, or even in magazine, is the most common method of content theft. With the increase in technology, other methods of content theft are growing, and are, unfortunately, easy to do. These include image theft, RSS/feed content theft and website hijacking.
- Finding Stolen Content and Copyright Infringements %uFFFD Lorelle on WordPress
- This posts looks at how to find out if someone has stolen your content. Lorelle writes: There are various ways to find copyright infringements of your photographs and writings - but they need regular checking
- Website Hammered by Hotlinking, Spammers, and Free Loaders? - Lorelle on WordPress
- Lorelle writes: My main site recently was hammered by Hotlinking, Spammers, and Free Loaders. This can happen to any website, so we all need to learn how to keep an eye on potential abuse of our sites.
- PlagiarismToday
- I am not a lawyer. I am just a legally-minded Webmaster/Writer frustrated with the plague of plagiarism online and doing something about it.
- Protecting Your Content on WordPress.com - Lorelle on WordPress
- By Jonathan Bailey of Plagiarism Today
Users of the self-hosted version of WordPress have always had a lot of tools for protecting their site and their feeds. They have always had a variety of plugins for protecting content, including anti-scraping, content theft detection and much more. Users of WordPress.com, however, are much more limited in what they can do. With no plugins and limited ability to edit the site's appearance or core files, they can't use many of the tools that hosted WordPress users take for granted. - Artists Express Concern Over PhotoBucket - PlagiarismToday
- PhotoBucket, the Web's largest image sharing service, has been drawing criticism from a growing number of artists over its practices regarding copyrighted material. At issue specifically are two elements of PhotoBucket's services. First, their image printing service, which is powered by Qoop, and second, their takedown system, which often leaves the work available on other parts of the site.
- Why Your Copyright Protection is Second Rate - PlagiarismToday
- ....the entire copyright system in the United States is tilted to favor big copyright.....
This system ensures that individuals have almost no protection of their works while corporations are free to sue for massive amounts of money. The scariest part of all, the process only requires two simple laws, both of which should have been fixed a long time ago. - Why Wordpress.com is Virtually Spam Free - PlagiarismToday
- It seems as if nearly every major free blog hosting service has been either overrun or nearly overrun with spam. However, one services stands alone, a relative oasis of spam cleanliness, Automattic's Wordpress.com.
- How to Complain and Report Spam Blogger Blogs
- There are hundreds of spam blogs (also called Splogs) in the blogosphere. Most of these are created on the feature rich and free blogging platform Blogger offered by Google.
- SEOmoz | Four Ways to Enforce Your Copyright: What to Do When Your Online Content Is Being Stolen
- One of the most common problems facing anyone who publishes content online is copyright infringement. It's happened to me. It's happened to you. And it'll probably happen to this post too. (Oh, the irony!)What can you do when your copyright is being infringed? Don't get sad. Get letter-writing mad!T
- SEOmoz | International Copyright on the Web: What Rules Apply to Me and What Court Will Apply Them?
- Comments on the complicated intersection of U.S. copyright law and international law and infringement cases by a legal mind.
- Making a Mark: Art competitions and copyright - the AWS Gold Medal debate
- This is a lengthy post highlighting issues relating to the use of reference photographs for artwork and is of relevance to:
* art societies which have to deal with disputes about copyright
* artists selling work or entering competitions with artwork based on a reference photo taken by somebody else, and
* artists who work in a hyperrealistic/photorealistic way. - you thought we wouldn't notice » Art Law in the U.S.
- Art Law in the U.S.
November 7th, 2007 by AttorneyScott Protect What You Create!
(How to safequard your artwork from thieves, pirates and other unscrupulous industry players) - It's Your Work: Prove It | The Blog Herald
- What to do when a website accuses you of infringing copyright because somebody else has uploaded your work to their site. It also discusses non-repudiation services
Non-Repudiation Services
Non-repudiation basically means that a party involved can not repudiate, or refute a claim. In this case, it involves bringing in a third party, other than the USCO, to validate a claim.
Blog Herald - It's Your work - Prove it!
Blog Herald - It's Your work - Prove it!
- MyFreeCopyright.com: FREE Copyright Protection
- MyFreeCopyright.com is a secure, public third party service that provides a FREE historical Copyright registration that Protects your original creations.
- Safe Creative: Intellectual Property Registry
- Intellectual Property Registry, free to use, open and globally accessible. Safe Creative allows creators to register and leave proof of their work by means of a certificate proving authorship.
- Numly Copyright + Web 2.0 = Copyright 2.0
- Numly provides ESN number assignments for electronic media including: websites, blogs, e-books, music, images, source code, and other digital assets.
HOW TO: Stop Plagiarism
Links to Plagiarism Today's Guide on how to stop plagiarism by Jonathan Bailey - a legally-minded Webmaster/Writer frustrated with the plague of plagiarism online - and doing something about it!
- Stop Internet Plagiarism ↓ - PlagiarismToday
- When it comes to plagiarism, most Webmasters don't believe that there's a problem. They, like I once did, view plagiarism as purely an academic crime and don't realize that people do steal works for non-academic purposes on the Web. Those few who do realize that there's a problem seldom think that it will affect them. Those who understand that often think that there's nothing that they can do about it and the few who understand that they do have recourse might not be sure exactly what it is.
That's what these papers are for. - 1. How to Find Plagiarism - PlagiarismToday
- What plagiarists don't realize is that the same tools that make it easy for them to find works to steal also make it easy for you, the copyright holder, to retrace their steps and catch them.
- 2. Contacting a Plagiarist - PlagiarismToday
- The only thing more frustrating that searching for a plagiarist is finding one. For most, the act of locating and tracking down plagiarism is a relatively easy matter, but convincing those engaging in it to stop is a completely different game. Because, while knowing someone is stealing your work is definitely better than being in the dark, it doesn't do much good unless you can get the work taken down.
- 3. Finding the Host - PlagiarismToday
- When push has come to shove, it's time to move on..... If the situation isn't going to be resolved amicably, there's no point in arguing with them.
Instead, it's time to take things to the next level and inform their host about what's going on. - 4. Contacting the Host - PlagiarismToday
- Once you know who the host is, you can begin the process of alerting them to the infringement and getting the works removed.
However, since every host is different, the steps for doing this can be confusing and somewhat tedious. But, if you're willing to investigate and put in a little bit of work on the problem, you can almost always resolve plagiarism and copyright issues with a minimum amount of mess.
After all, hosts are almost always willing to help, but only if you play by their rules. - 5. When All Else Fails - PlagiarismToday
- There are times, especially with International cases, that doing all of the right things simply isn't enough. The plagiarist doesn't respond, the host isn't cooperative and there's no legal leverage to make them.
These are far and away the most frustrating cases to deal with and, often times, go completely unresolved.
However, there are things that you can do, the situation isn't hopeless and, often times at least, you can still resolve the issue to the satisfaction of everyone. It just often involves more creative thinking. - 6. The Long Haul - PlagiarismToday
- Copyright holders need to be are willing to accept that the realities of the war against plagiarism is that it's a long haul - and change their tactics accordingly.
- Your Copyrights Online - PlagiarismToday
- before the discussion about online plagiarism can continue, we must first discuss copyright law itself and what our rights on the Internet are. Because, without knowing where the line is drawn, we don't know when we can start the fight.
- 1. What is a Copyright? - PlagiarismToday
- Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it's the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:
* The right to reproduce the work
* to prepare derivative works
* to distribute copies
* to perform the work
* and to display the work publicly
These are your rights and your rights alone. - 2. Limitations of Copyright - PlagiarismToday
- Though copyright law provides a creator with several critical and powerful rights over their work, those rights are not unlimited. The law has always recognized the need to balance the rights of the copyright holder with the good of the public and provisions in the law have aimed to do exactly that.
Here are some of the critical ways in which your copyright is limited.
Useful tools - for finding and/or dealing with scrapers, thieves and plagiarists
A number of tools are available to find people who have copied and/or plagiarised your work - as opposed to linked to it.
- Copyscape - Website Plagiarism Search - Web Site Content Copyright Protection
- Search for copies of your page on the Web. Defend your site with a plagiarism warning banner!
- Google Alerts
- Google Alerts are email updates of the latest relevant Google results (web, news, etc.) based on your choice of query or topic.
You can use Google Alerts to monitor uses of the name of your blog and/or website and/or any other unique or popular identifiers - Google Image Search
- If you tag your images with a unique identifier then you can find sloppy copiers of your artwork.
Also search common terms for your sort of artwork to find those who are try a bit harder. - Find Articles at BNET.com | News Articles, Magazine Back Issues & Reference Articles on All Topics
- Contains articles from the back issues of over 900 magazines, journals, trade publications and newspapers. Search our online article archive or browse by category list or publication name.
- Arts & Entertainment : Find Articles in Art in America, Art Forum, Art Journal & More | Find Articles at BNET.com
- Arts & Entertainment : Find Articles in Arts & Entertainment publications such as Interview, Literary Review, Musical Times, Talk & More | Find Articles at BNET.com
- Stop Comment Spam and Trackback Spam - Akismet
- (For wordpress.com users)
We can't stand spam.Who can? You have better things to do with your life than deal with the underbelly of the internet. Automattic Kismet (Akismet for short) is a collaborative effort to make comment and trackback spam a non-issue and restore innocence to blogging, so you never have to worry about spam again. - AntiLeech - Red Alt
- AntiLeech helps prevent content theft by sploggers.
AntiLeech does not prevent the splogger bots from accessing your site. It produces a fake set of content especially for them that includes links back to your site (and mine, too, ok?) and sends it only to them. When they steal this content, it appears online just like normal, except now you've turned the tables on them and have provided them with useless content. - WordPress Plugin: Digital Fingerprint — detecting content theft -- MaxPower
- Digital Fingerprint, a plugin for WordPress.
site dscription)
To combat splogs use of your content, this plugin will place a digital fingerprint, customized and tailored by each individual user of this plugin, into blog posts. The fingerprint is only visible in the RSS feed, not on the website itself. For example, already I have included my fingerprint in this post and unless you are reading this in an RSS reader, you haven't seen it.
Once embedded in your post, the plugin allows you to quickly and easily search the blogosphere for references to the digital fingerprint using Google Blogsearch, BlogPulse, and Sphere. It also allows the quick and easy search for your digital fingerprint of the web itself using Google, Yahoo!, and MSN. An optional quick search can be included in the dashboard itself . Lastly, the plugin provides a few resources and links to places that will help you combat splog and spam should you find your content plagiarised or stolen on another website. - SEOmoz | Generic Cease & Desist to Copyright Violator
- A Generic, Customizable Cease & Desist letter to the owner/manager of a site that is stealing your copyrighted content.
- you thought we wouldn't notice
- A site deticated to shaming those who think it's ok to take others art and use it without permission
Making A Mark
Katherine Tyrrell's blog about: - Making marks with pastels, pencils and pen and ink - Creating new drawings and paintings - Influences on developing both artwork and art careers - Interviews with artists - Information about resources for artists and art
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- Flynn_the_Cat Flynn_the_Cat Oct 23, 2009 @ 2:19 am
- Hi, featured this on my Tineye lens!
(It's not featured yet, at .com/tineye - I'll come back and lensroll this when it comes out of WIP)
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- clearanceandcopyright clearanceandcopyright Feb 8, 2009 @ 12:29 am
- You've put together a great collection of information and resources here. This is a wonderful lens! When you have a chance, I'd love for you to visit my Film Copyrighting lens. Be sure to say hello when you stop by!
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- tandemonimom tandemonimom Jan 1, 2009 @ 9:21 am
- Wow, how thorough! Thank you for this amazing resource! 5*
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- RolandTumble RolandTumble Nov 11, 2008 @ 3:02 pm
- Five stars, favorited & lensrolled
by makingamark
I'm an artist, author and member of the Giants 100 Club who enjoys sharing information about art. Find out more about me in Who is Making A Mark?" or... (more)
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