COPYRIGHT Law for Artists: Fair Use & Protecting Your ART

Artists need to know how to protect their artwork, but copyright info online is often confusing and not specific enough to an artist's needs. This video explains: what to do if someone steals your art, if you can copyright a style or idea, whether Instagram owns your artwork, whether fan art is copyright infringement, defining fair use, using libel in your artwork, when it's necessary to register your artwork with the US copyright office, if there is a way to prevent people from pirating your artwork images online, and more.
Discussion led by Lawyer Greg Kanaan and Art Prof Clara Lieu
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Clara Lieu was an Adjunct Professor at the Rhode Island School of Design from 2007-2020. Her artwork has been exhibited at the International Print Center NY, the Currier Museum, Childs Gallery, the Davis Museum, and more. Lieu received an artist fellowship from the MA Cultural Council, has written for the NY Times, and lectured at Brown University, the NAEA conference, and in Vancouver & China. She has been profiled in Artsy, Hyperallergic, KPCC, & WBUR.
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[@artprof]

Watch the full length version of this video: kzbin.info/www/bejne/i6K4aJdmmduWbKc

[@timz9862]

You can register a group of up to 10 works of art at the US copyright office for $85. I usually wait until I have 10 pieces that I want to register and do it that way. It saves money. Also, just a note that putting your work online at a low resolution won’t prevent people from stealing it. I’ve had my work stolen and blown up to crazy sizes and sold on physical products and no one cares about the print quality.

[@artprof]

Oh that's very interesting!!! Thank you so much for sharing :) - Mia Rozear, Art Prof Staff

[@baperistique]

thank you for compressing down to concise, informative points.

[@artprof]

We're so glad it was helpful! - Mia Rozear, Art Prof Staff

[@arielle2745]

Love these shorts! Makes me want watch the full videos even more. 💗

[@autumnsartstudio]

Yeah but at an anime themed artist alley, you are not gonna have much success if you don't have a few eye catching fanart at your booth. I have had friends who go to a comic con every year and they barely get any sales and they have no fanart. They only do original anime style work. But that's why Fan art is in such a grey area to begin with.

[@artprof]

Very good point, I've noticed that too when it comes to social media in general-- if you don't open with a few flashy fanart pieces, it's difficult to reach a large audience - Mia Rozear, Art Prof Staff

[@ikoartiaga5971]

Hi Sir/Ma'm I have a few question. 1st question what if you're in different country like I'm in the Philippines right now and I register US Library of Congress's Copyright Office. m'I still protected even though I'm not living in America and can I still be in trouble if someone sue me about copyright? 2nd example if I want to copyright my own comics or japanese comics. and make sequel of it, do I still need to register again in US Library of Congress's Copyright Office for each sequel I make? 3rd can I use my copyright on different platform like youtube, twitter and instagram. at the same time? 4th what are the legal ways when come doing a fan-art and posting different social media? 5th what are legal or illegal ways when come using "base idea" on other artwork and posting social media? 6th is recording a video while working your artwork like "fan-art, western comics, japanese comics or art project for concept art" is enough defense for anyone that will try to steal or mark you as Plagiarism? 7th how to mark your own content or artwork. that this is protected by copyright in deferent social media like "youtube, twitter and instagram" 8th I just find out that my country had Library of Congress's Copyright Office to. so where should I register for copyright? I think that all my question Sir/Ma'm? and Thank you for this video and information for some like me whose starting in art industry.

[@stophaeorsmusic1442]

If someone takes a piece of your art, and then manipulates it, puts filters over it, morphs it, etc. - how do you prove that they used your art initially to create their final product? Tied to this - how much would someone need to change of my artwork before they're clear of copyright infringement?

[@artprof]

I think it's really a case by case basis, and there are no hard and fast rules. We go over a few cases of artists getting into copyright disputes with other artists in this video: kzbin.info/www/bejne/npLafXSDhrxga7M&feature=emb_imp_woyt -Lauryn Welch, Art Prof Teaching Artist

[@cnlicnli]

Stophaeors Music wrote, “If someone takes a piece of your art, and then manipulates it, puts filters over it, morphs it, etc. - how do you prove that they used your art initially to create their final product?” If you’re work is “substantially similar” to the original work that you took, then that can be a copyright infringement. I always ask permission before using other artists’ works. Stophaeors Music wrote, “…how much would someone need to change of my artwork before they're clear of copyright infringement?” There’s NO percentage amount listed to be an infringement. If you take one/two notes from the JAWS theme, that could be an infringement. Even if you take a small portion of a photograph, you may be liable for infringement. If you work falls within Fair Use, where you’re commenting on the original work or using the original work to make a point, then you may not need permission - RISKY! From the US Copyright Office: “How much do I have to change in order to claim copyright in someone else's work? Only the owner of copyright in a work has the right to prepare, or to authorize someone else to create, a new version of that work. Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent...” See www.copyright.gov/help/faq/faq-fairuse.html#change *Ask permission; otherwise, you might get sued!*

[@retrosiren824]

Yessss I’ve needed this! Thank you!

[@artprof]

You're so welcome! - Mia Rozear, Art Prof Staff

[@andreamd7094]

Brilliant explanations thank you!

[@artprof]

Thank you for watching!!! - Mia, Art Prof Staff

[@CHRISMED2]

Question i have. I want to do a series of Native American illustrations based on old photographs from 1860-1910. They were copyrighted at the time they took those pictures. Is this legal for me to be able to proceed or fo i have to ask for permission? Soneone said to me that some of those photographs were originally consiged by the US govt. Any udeas where i need to start in this process to fet permission to use those images?

[@artprof]

I would try to do the research to find out if the artist who made those pieces have been dead for over 70 years. Once the artist has been dead, for that long, the images become part of the public domain. You might be able to find that, although it’s not always possible. I know that on Wikipedia, they often list whether something is in the public domain.-Prof Lieu

[@1southpaw2]

This was very informative. Good questions answered with such details. Thank you.

[@artprof]

You're welcome!! Things like this are SO important to learn :) - Mia Rozear, Art Prof Staff

[@Tetheredpencil]

I'm an artist and law student. This is my question: As a general rule if sth is copied for personal use without any financial gain then you are most likely safe. Something similar also happens when sth is copied for educational purposes. What happens though when you make derivative work without licensing for studying-educational purposes and then you post that work on social media (while crediting the original artist) which results in getting followers and likely work in the long run? Another question based on the previous one. What happens if you post derivative work without licensing for educational purposes on social media and then get sponsored by let's say Instagram not for the specific derivatives but because of your follower count?

[@artprof]

These are both excellent and really interesting questions! 🤔 Have you asked your professors at law school what one should do in this situation? Did they have any advice? -Lauryn, Art Prof Teaching Artist

[@Tetheredpencil]

@@artprof I sadly haven't. Copyright law is just a side-field of law in my university and at the time I attended the class I haven't thought about it. If I have the opportunity to ask my professor I will write another comment with the information. Have a nice day.

[@Vincent-ds3kc]

I love these short videos

[@artprof]

Glad to hear it! - Mia Rozear, Art Prof Staff

[@barnabascee1889]

I wish you'd do an entire video on selling collage, and not just the kind totally made from abstracted, or self-made objects. In other words, I'd love it if you'd really delve into the "transformative" thing. Collage is an entire genre of art and it deserves as much respect as any other. But I see artists on KZbin going out of their way to not using anything even remotely recognizable. To me that seems like a misunderstanding. But I don't know.

[@artprof]

Here's a link where you can propose a video topic for us to cover: docs.google.com/forms/d/e/1FAIpQLSf0oIcfnzoXUBWBmWqlTH2rcckNa_Ak2WbA5kLywBE-ZAJEsg/viewform -Lauryn, Art Prof Teaching Artist

[@afprincess7622]

What about using pictures off of Pinterest?Or not being able to find the artist. Only on a flyer but not getting money from selling the photo

[@artprof]

I think if it's recreational and casual (like a small event or something) it should be fine-- you'll only get into legal trouble if it's for a large campaign or if you're getting money out of the deal! - Mia, Art Prof Staff

[@Dani-ELmaninnoboxes]

What about changing art like a living art yard work?

[@artprof]

It's one of those "it depends" as so much is determined by the specifics of that one artwork. -Prof Lieu

[@wallysustube]

What if an artist draws and paints a painting with the reference of 2 photos to make a single drawing, taken off Instagram?? Is that wrong?

[@artprof]

I'm not a lawyer, but I think that would be considered as changing the artwork enough that it becomes a new work. -Lauryn, Art Prof Teaching Artist

[@skullseeker3013]

What if someone copying some other artist style, like exact style ? N keep drawing in that style ? Edit: THAT IS SO SAD, THAT IT CAN'T BE PROTECTED , I MEAN STYLE

[@loverofstarz]

In the year of 2022 this is useful with AI art. This guy needs to reach out to big artists and do pro bono work. Collect his check after they win!

[@artprof]

Ugh TRUE! That would be a superhero of an arts lawyer - Mia, Art Prof Staff

[@garywilloughby6893]

Andy Warhol?

[@artprof]

We discuss him here: kzbin.info/www/bejne/nXTNiGSKYq97i6c -Prof Lieu