Copyright

Lots of artists wonder about copyright of their personal art work. Who has the legal rights to copyright, what can you do to prevent another artist in using your images, what steps to take, what is copyright, how do you use it, and what does copyright entail.

I am sure there are loads of other possible "what's", "how's", "why's" and gosh knows whatever else when it comes to copyright issues but I will just touch on what the basics are from what I have learned along the way so far as an artist.

Copyright:

"is a legal concept, enacted by most governments, that grants the creator of an original work exclusive rights to its use and distribution, usually for a limited time, with the intention of enabling the creator of intellectual wealth (e.g. the photographer of a photograph or the author of a book) to receive compensation for their work and be able to financially support themselves."

In simple words you, the creator, the artist, the inspired person who created the work have the legal ownership of your work.

I am sure you have all noticed, if you are reading my BlogSpot, at the end of each post I write:

"All images copyright @ Nicole Myker (artist)"

This means that I have the exclusives rights to all the images, which are of my personal artwork, and if someone else would like to use them say in an article or a publication of a book, they would require my permission to do so. Without my permission, I have the right to take legal action to pursue them for any misleading, misrepresentation and/or profitable damages. What I mean by profitable damages is if and when the company/person decides to take your artwork to make copies/prints for sale to gain income. This "profit" should be coming to you as the sole owner of the image(s).

Copyright is easy to understand and to follow, as long as you know what is yours and what is not, you should be good to go. It is not rocket science. I still recommend you to do your research so that if you do get confused or do not understand what copyright is.

If you require some photos that are done by another artists as reference for your next big "inspirational project", write them a letter or email asking permission. It is better to ask then assume that you are able to use their work because they are a fellow artist or you know the person. Chances are, they take pride in their work just as much as you do.

I have been busy researching my next project and have asked many artists, photographers and writers to use their material as reference for my project. Most have replied with a yes but there are some that will not allow this as they feel it is not right, it is against their concept or it does not sit well with them. That is great! At least they have been asked and you know where they stand in regards to this idea of copyright and your request. Do not take offense to this. There are loads of individuals who have different ideas and thoughts about others using their works, even if it is just for reference material, with the potential to be used as projects.

There are also different types of copyright as well. There are types where if a company/person decides to purchase your work and asks you if they can make copies on products. This one I have been asked a lot about personally. There are 3 ways, in my mind, that you can deal with this.

1.) Sell them the artwork either at cost or for a discounted price, with a signed contract (this is KEY) outlining what they can produce the work on, ie. shirts, mugs, posters, jackets, scarves, etc. Whatever they sell, you get a specific set percentage of the profit.

2.) Sell them the artwork either at cost or for a discounted price, with a signed contract (once again very important to have a contract) outlining they have the right to produce whatever amount on whatever they want but they have to ask your permission first and you get a specific percentage of the profit.

3.) Sell them the work at cost, with a signed contract (I know I sound like a broken record here but it is VERY important) stating they have the rights to produce the work on whatever they decide without your permission as long as you get a specific percentage of the profit.

It is crucial to do your research on copyright and it's many different angles of profit and what it covers when it comes to artist's rights. Some state "exclusive rights", which means:

"is a de facto, non-tangible Prerogative existing in law (that is, the power or, in a wider sense, right) to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right. The term is restricted for use for official state or sovereign (i.e., constitutional) powers. Exclusive rights are a form of monopoly. Exclusive rights can be established by law or by contractual obligation, but the scope of enforceability will depend upon the extent to which others are bound by the instrument establishing the exclusive right; thus in the case of contractual rights, only persons that are parties to a contract will be affected by the exclusivity. Exclusive rights may be granted in property law, copyright law, patent law, in relation to public utilities, or, in some jurisdictions, in other legislation. Many scholars argue that such rights form the basis for the concepts of property and ownership."

In other words, exclusive rights can affect the artist reputation in the long run, especially if the contract states wording which includes "in case of death" or "for the next 50 years". This has mixed intentions, as it could mean when the artist does pass away, the purchaser can do whatever they can with their original work of art, renew the contract with the existing family members, or the contract becomes null and void after 50 years or in case of death. Do your research on the true intent on what the company/person is stating in the contract. Very important!

If you are still not sure about what or how to use copyright, contact your local or provincial art board. Yes there are such boards for us artists. They are a great help for us in protecting our legal and moral rights to our original work of art. They are also great at providing links to jobs if you are looking, as well as universities which offer courses. Grants are also provided through these boards as well as other links to apply for grants and residencies.

I hope that I have given you a basic outlook on what copyright is and what it is about. If not, please do not hesitate to ask questions. I am not a complete expert on copyright but have experienced it and deal with it on a weekly bases at work. These are just SOME of the points and ideas regarding copyright in my blog, not the whole picture keep in mind!

Thank you for reading!

You can contact me either at: n.myker@gmail.com or nicole.m@live.ca All images copyright @ Nicole Myker (artist)