Legal
Disclaimer---I'm not a lawyer. I don't even play one on TV. On the
advice of an attorney, I'm telling you now that I cannot professionally
advise anyone on any legal matters.....but I can say this; even lawyers are
confused by existing copyright laws.
It is up to each individual to
learn as much as they can about this issue. There are many links to
information on the Internet. I am not responsible for their content; I am
only letting you know they exist.
In the United States, ANY
artwork or writing is protected by copyright law from the instant of
creation, and the rights usually belong to the creator of the work.
(Exceptions include "Works For Hire" done under contractual
agreements which take the copyrights from the creator and give them to the
employer. Avoid this sort of thing whenever you can, or at least get good
compensation for the rights you are giving up. ).
Registering a particular creation
with the government makes it possible to collect greater damages when
lawsuits are involved, but even unregistered work is still protected by
existing copyright law. Placing the copyright symbol along with the artists
name and the publication date helps to inform others that these laws exist,
and that you are aware of and actively claiming the protection due to the
artist. Copyright laws differ from country to country, and are constantly
being updated and changed due to new factors such as the Internet, but it
remains true that generally the person who originally created the work holds
the right to say who gets to make copies--or not!
Copyright laws are applicable to
big companies and to little ones--and to individuals. Although companies who
sell rubberstamps, stencils, and sewing patterns expect them to be used by
the purchaser for their personal enjoyment, the user is NOT supposed to make
and sell hundreds of items for their personal profit. Some designs are
covered under "angel policies" which allows them to be used in
small quantities for making handmade items intended for sale. This is stated
on the packaging or the information given out by the company. You can also
ask for and receive permission to make copies of work--but if you do not
have permission to use an image, then to do so violates copyright laws,
whether anyone points a finger and catches you or not.
Some works are in Public Domain,
meaning the copyrights have expired and they are free for use. Dover
Publications maintains a large archive of images in book and cd form which
are all available for use by artists at no charge, with up to ten images
availble for use in any one piece with no further permission needed. (This
limit is meant to discourage the printing of books made up solely of these
images by other companies. Artists are usually given permission when it is
asked to use the images as needed). Clip art collections made good use of
these images. Numbering in the hundreds of thousands and collected into
groupings, these Dover
Pictorial Archives are invaluable resources for artists who want to make
use of images for transfers, prints, stamping, backgrounds, collage and all
sorts of uses.
Images that come to you through
email, magazines, catalogs, on tv or the internet are not "yours"
to copy freely. You can cut up a catalog and use it in a decoupage picture
because no copies were made. But its a violation to make prints of it at the
copy machine.
When asking the question "is
it ok to make copies and use them" remember that you must be the
creator of the image, or have permission (in writing is good!) from the
creator, or somebody's copyrights are not being respected.
The words and pictures on my web
pages are protected by copyright law--and by putting the copyright statement
on each page, I am serving notice that I create and own these works, even
though I am sharing the information by way of the Internet. It is perfectly
acceptable to link to URLs when using the Internet, and many people do
this--it is the way the "Web" is strung together, with information
leading to other information, all branching off to other points on the
"Information Highway". In fact, many sites are actually lists of
links pertaining to the subject at hand. What is NOT acceptable is to
present someone else's words or pictures and stateoutright or give the
impression that they are yours. This is stealing, plain and simple. When
artwork is used in a book, magazine, web page or CD it is important to
credit the artist, and to have that artist's permission in the first
place---important in legal AND moral terms.
No reputable publication knowingly
violates copyrights--but there are some small companies who do so knowing
full well that they do not have permission. One such company has been
"deep-linking" to pages in my website, to the sites of Polyform
Products, Polymer Clay Central, and to and those of many other artists, and
presenting those pages in "frames" with the true artists' name and
copyright statements deliberately removed--they even go so far as to add
their own false copyright claim! Another company uses pictures in their
publications with no credits given to the real artists, and infer that the
works are created by the "author" of their stolen compilations.
Most are taken from web sites without permission. These violating works are
then peddled on e-Bay, Amazon.com, Barnes and Nobel, and in many other
venues. Watch out for those who want to sell you "secrets" that
are available freely on the Internet elsewhere.
This despicable practice on the
part of a very few has led some polymer clay teachers to re-think the idea
of putting up tutorials or lessons of any kind, lest their work be pilfered
by the unscrupulous (and presented poorly as well!) I choose to continue to
share information, but to also put my name and copyright notice more
prominently on every page. I strive to improve my work, and to share what I
have learned--but I appreciate being credited for doing so. I urge all who
read this to be more aware of copyrights, and to respect the work that goes
into being creative. It is a sad fact that it is easier to steal something
than it is to create it---but the rewards for creativity go far beyond the
dollars that a thief will gain, and "getting away with something"
for a while does not make it morally right, nor does it protect wrongdoers
in the long run from the consequences of their actions.
But there's more to this argument
than just legalities of copyright....there is ongoing discussion among many
artists (and musicians too) about the difference between "copying"
and "influences". When is it a rip off and when is it an
inspiration?
Although the courts continue to
define the legal terms, it is an ethical decision as well, and one that
starts within the artist. While the statement "There's nothing new
under the sun" has a certain truth to it, it is also true that each
artist can interpret the same scene in a different way. That's why there is
room for more than one painted still-life, more than one landscape, more
than one Mother and Child portrait, and more than one statue of A Guy On A
Horse. You'll find evidence of this on any museum's walls.
Marcel Duchamp said "Art is
whatever an Artist says it is." and it is each artist's right and
responsibility to take all sensory input available and distill it into a
unique and personal vision, shared by way of their chosen media
interpretation.
Library
of Congress United States Copyright Office
Copyright
Information Links For Web Designers And More
Copyright©1995-2010 Sarajane Helm All rights
are held by the artist
Reproduction without permission is
a violation of copyright law
