0.7 Artwork and photography

Chapter 7: Artwork and Photography

Danielle is the Vice President for Marketing for the dance team at her University. This position requires her to advertise the team’s auditions and the games they are performing at so that more people attend. Danielle was extremely busy one week because of exams and group projects and she completely forgot to make a poster for auditions. Generally, Danielle takes her own picture for the poster, but this time she just went online and looked for dance photos. She ended up settling on one that had been taken by a semi-professional photographer. She put the picture on the poster with the time and date for auditions, and printed out 30 copies. Then, she then posted them all around campus. A few weeks later, a woman came forward saying that she had taken the picture and Danielle could not use it without compensating her or at least asking permission. Danielle said that because it was on the Internet she could use it. What should Danielle and the other photographer do?

By the end of this chapter, you should be able to answer:

I. What rights do I have in the paintings I create?

II. What rights do I have after I sell my paintings?

III. Is creating a collage an infringement?

IV. What rights do I have in the photographs I take?

V. Can artwork be used in a scholarly publication?

VI. What are “Orphan Works,” and how can they be used?

Q: I’ve heard that copyright is different for art than for other things like books or music. Is that true?

A: No, it’s not true. The basic rules of copyright (covered in chapter 1) stay the same, and apply to all types of creativity. However, as each genre is used and distributed a bit differently, different copyright concerns are stronger in each genre. For example, since the days of Napster and Grokster, both music and movie companies have been very concerned about the distribution of music. Book publishers, however, are more concerned about significant portions of their books being re-produced in other books, but they’re also making sure that e-books are distributed only with security management software. Artists who make “commercial art” may seek a trademark for their work rather than rely on copyright. Other artists will claim some of their copyright rights on their works even after they are sold. Every form of creativity has its own concerns; that’s why a chapter will be dedicated to each of the forms: music, movies, and art.

Q: Has the Internet and downloading changed copyright in the arts?

A: No, but yes. If you look at how music producers viewed potential pirating activities in 1985 in comparison with today, then the answer is yes. Many artists use web sites to display their works and attract buyers. Unlike in the physical environment, most artists displaying their work online will label their work with strict copyright warnings or require click-through agreements before showing works. And today, there are more things you can do to digitized art. But the law of copyright has not changed. An infringing copy was just as infringing in 1985 as in 2011. Digital technology (cameras, software, etc) makes it easier to create and infringe on copyrighted works. The Digital Millennium Copyright Act of 1998 added protection for software that prevents copying. It made it illegal to bypass this software, or share information on how to bypass it. (More details on the DMCA are in Ch. 4)(U.S. Government 1998)