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Unlock your guides3.1 Copyright Basics for Artists
3 min read•august 9, 2024
basics are crucial for artists to understand and protect their creative works. This section covers the fundamentals of copyright law, including what can be copyrighted, granted to creators, and how long lasts.
Artists need to know about , work-for-hire agreements, and . The section also explains copyright infringement and defenses like , helping artists navigate potential legal issues in their creative practices.
Copyright Fundamentals
Understanding Copyright and Intellectual Property
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- Copyright protects original creative works granting exclusive rights to creators
- encompasses intangible creations of human intellect (patents, trademarks, trade secrets)
- Original works of authorship include literary, musical, dramatic, artistic, and certain other intellectual works
- Copyright protection extends to both published and unpublished works
- requires independent creation and minimal degree of creativity
Exclusive Rights and Duration
- Copyright grants exclusive rights to reproduce, distribute, perform, display, and create derivative works
- Right to reproduce allows copyright holder to make copies of the work
- Distribution right controls sale, rental, lease, or lending of copyrighted material
- applies to literary, musical, dramatic, and choreographic works
- covers showing copyrighted work publicly
- allows creation of new works based on the original
Copyright Duration and Public Domain
- for works created after 1978 lasts author's lifetime plus 70 years
- Works created before 1978 have different duration rules based on publication date and renewal status
- or works made for hire have copyright protection for 95 years from publication or 120 years from creation, whichever is shorter
- includes works with expired copyrights, works dedicated to public use, and works ineligible for copyright protection
- US government works automatically enter public domain
Copyright Ownership and Use
Copyright Registration and Protection
- Copyright registration provides public record of copyright claim
- Registration required to file infringement lawsuit in US federal courts
- Registered works eligible for and attorney's fees in successful litigation
- (©, year, owner name) no longer required but still beneficial
- involves submitting application, filing fee, and copies of work to US Copyright Office
Work for Hire and Derivative Works
- doctrine applies to works created by employees within scope of employment
- Independent contractors can create work for hire under specific conditions and written agreement
- Employer or commissioning party considered author and copyright owner in work for hire situations
- Derivative works build upon or modify existing copyrighted material (translations, adaptations, arrangements)
- Creating derivative works requires permission from original copyright holder unless fair use applies
Moral Rights and Artist Protections
- Moral rights protect non-economic interests of authors (attribution, )
- (VARA) grants limited moral rights to visual artists in US
- VARA rights include right of attribution and right to prevent destruction or mutilation of artwork
- Moral rights generally non-transferable and may exist even after economic rights are sold
- Duration of moral rights varies by country (life of author in US, perpetual in some countries)
Copyright Infringement
Understanding and Identifying Infringement
- Copyright infringement occurs when someone violates exclusive rights of copyright holder
- involves unauthorized copying, distribution, performance, or display of work
- applies to those who knowingly induce or materially contribute to infringement
- occurs when party has right and ability to control infringer and benefits financially
- used to determine if copying constitutes infringement
Defenses Against Infringement Claims
- Fair use doctrine allows limited use of copyrighted material without permission (criticism, commentary, news reporting, teaching, scholarship, research)
- Four factors considered in fair use analysis: purpose of use, nature of copyrighted work, amount used, effect on market value
- allows purchaser of copyrighted item to sell, display, or dispose of that particular copy
- applies when similar work created without copying
- Statute of limitations for copyright infringement is generally three years from date of infringement
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