Copyright discussion ...

[artistjillian]

If you click on the information thread, you'll get some great links to copyright - including some basic questions, myths, and really great information. Please take the time to browse these. I prefer for all copyright discussions to go direct to the agencies - many deal direct with art work, and they are very helpful, as well as correct. I've heard differing information from other artists, some I consider 'professionals'. So like urban myths, some things get repeated until they get seen as truth. The links provided are really good, some very brief and to the point. Some basic things I can address ... 1. Your work is copyright as soon as you produce it. 2. By putting the copyright symbol © (c inside a circle) with your first and last name and year of creation, this is the minimum the Copyright office suggests. But if you don't, that still is OK. The use of your name in this way copyrights the work, not the name. 3. I believe the $30 fee to register copyrights with the agency is for one, or a batch of works. Many people save them up to submit at one time. I have heard it takes about 6 months, but that is just my recollection of someone saying that. 4. It will help your 'case' if you take works in progress, save any reference images, and date your work, and photos, keeping all documentation relating to your work. 5. If you find someone has used your work, you have every right to approach the offender - you can send a 'cease and desist' letter - there are links to some samples in the copyright thread. They are very effective usually, and can be done without contacting a legal entity. Hope this helps. ~Jillian

[artistjillian]

This is 'our' copyright information thread'... http://groups.ebay.com/thread.jspa?forumID=300009040&threadID=101429430&start=0&tstart=0 Please utilize it. Chances are, if you have a question, the answer is here, in the links. :) ~Jillian

[sunshinesketches]

In response to an email I just received from a member of the group, thought I'd reply out on the board. I too wouldn't have the means to go after someone if they were to copy my work (this assumes anyone would want to in the first place), but I always put that on anyway. I have not registered my copyrights, and wouldn't unless I were to publish work. I just put it on as a deterrent. /Karen

[4355ttt]

Thanks Jillian and Karen, that does help! I guess I wasn't sure what kind of answer I was looking for, but Karens answer clarified it just right. I just don't want to spend $$ on copyrights because I'm not a professional artist and don't publish anything, but I do want the deterrent. I will start putting that on my listings also. If anyone actually feels like my little cards are worth copying, then so be it. Thank you! Terri (4355ttt)

[chelisesurfing_1]

I'll add a few important notes I've (sheesh!) learned along the way during my time on eBay navigating the self-representing-artist art world.) I'd like to add a note in regard to eBay's VeRo and copyright issues, as I see a lot of confusion on the boards about how they work. In order to file a copyright infringement claim through eBay, you need to hold the copyright yourself. IE: "Seller is Selling artwork copyrighted to me." eBay doesn't pay attention to your or anyone else's suggestions that "Seller is selling a friend of mine's art." or "Seller is selling art created by my favorite artist, and the seller is not this person!" If you can show that the art is yours, ie: "Seller is selling my artwork (and saying that it is their's) and violating my copyright. You can see my original artwork from my listing # xxxxx... or On my About Me page (etc.)" - then eBay will be much more likely to act on your claim by removing the person's listings. I have seen some talk in some groups suggestiong that they or anyone else can have listings removed if they suspect copyright infringement. This is NOT true. Unless the artist (or a verified representative of the artist) whose copyright is being violated complains, eBay does not get involved. Next, VeRO violations are usually DIFFERENT than standard copyright violations. VeRO specifically deals with REGISTERED copyright holders, registered business names and/or trademark holders. Trademarks apply to logos, business/group/club names (that are registered with your country's Governmental Patent and Trademark Organization). In order for someone to file a VeRO violation against you, that person must have completed a very detailed VeRO partnership application with eBay. IE, the majority of people can NOT file a VeRO violation against you. VeRO partners with eBay must submit, under penalty of perjury - proof of their governmental registration of their trademark and/or patent registration. (IE, in the case of ZNE, we had to provide proof of trademark and registration for our group logo and associated wordmark - both via online forms AND fax.) In addition, no one but the owner of the patent or registration and/or representatives appointed by them and officially registered with eBay can file a VeRO claim against you. VeRO violations usually involve misappropriating a group's name (such as ZNE or EBSQ, etc.) and/or a business name (such as "Disney" or "Betty Crocker") in your listings or listing titles - thereby misrepresenting yourself or your product as part of that group or part of that product line. While it is OK to list a Disney figurine as a Disney figurine in your listing title, Disney gets pretty annoyed if you list an image of Mickey Mouse that YOU painted as a Disney (or "Mickey Mouse" for that matter) image or piece of artwork - as they own the registered trademarks and copyrights for those names and images. I think it is very important for all artists to read as much as possible about copyright laws, and to inform themselves of both their own rights and the rights of their fellow artists. If you have not registered your copyright for a piece of art and another eBay artist copies it directly and takes credit for it - you DO have recourse with eBay, especially if you can easily prove - HEY! That's MY art! (I know this for a fact, as this exact thing happened to me, and eBay did pull the listing.) By the same token, I hear horror stories about people feeling as if anyone can "turn them in for a VeRO violation" if they have an unsatisfied buyer or if someone suspects but can not prove a violation. This simply and factually is not true. Sadly, many artists have similar styles. I see the popularity of particular images and/or themes grow and wane - and many of us are inspired by those same themes and images. In the collage art world (don't even get me started on the complexity and grey areas of copyright law there!) there are many common sources for copyright free primary images, so it is not difficult to imagine how many artists may be creating a piece of art with the exact same image at any given time. Not too mention how many of them are telling themselves: "Hmmm, I think I might add a wing, or a crown, or a heart, or a polkadot..." - are they violating each other's copyright? Not if their artwork is independent of one another's - though their final pieces may be strikingly similar! Sadly, I have seen more than one eBay conflict break out over presumption of copying styles, copying ideas, copying themes. I think we all do each other a favor when we bear certain things in mind: When creating art for sale, exhibition or sharing with others: NEVER copy another person's art creation exactly as is - without explicit permission from that artist! Always familiarize yourself with copyright laws and let your understanding of those laws help guide your acts of creation. If inspired by another artist, it goes a long way to let that artist know! Tell them: "I loved your dog/moon/peanut butter (whatever!) series, and was inspired to create a series of my own!" If another artist contacts you about your use of their image, rubberstamp art, replication of a flower, etc. - and they are right (you did not create it all on your won) by all means - respect their request! (Be it to give them credit, remove the listing, or whatever.) If you see another artist who is creating art that is strikingly similar but not exactly the same as your own - take deep breaths before action. A lot of confusion, anger, rifts and hurt feelings can be caused by an innocent similarity in style or inspiration. Plus, legally, if the style is the same, but the artwork is NOT an exact replica (or portions thereof are not exact replicas of your own art) then you don't have any real recourse. If someone is using, without your permission - your exact artwork or portions thereof - and passing it off as their own - YOU DO HAVE recourse, and you should take action. This is a very serious breach of artistic integrity, as far as I am concerned. Even for the newbie, one note of copyright violation and/or pull by eBay will NOT destroy their career or land them NARUed, so by all means - a rude awakening ("Stealing my copyrighted artwork is not ok!")would seem apropriate. Lastly - and this is important: If someone buys your art, or receives it as a gift or in a swap, etc. - THEY can and DO have the right to sell it if they want to. In the act of selling the artwork - they CAN and DO have the right to provide images of said artwork as a part of the listing. For many of us, seeing our swapped art, or art that we have sold to someone - resold - can elicit hurt feelings. The feelings around this that I have seen expressed on boards have ranged from rage ("how dare they! They duped me when they bought / swapped / etc.") to hurt feelings ("didn't they like my artwork? Why don't they want it?") to frustration ("That is MY art, I sold it to them for $3.99 and now their bid is up to $19.99!). However, feelings are just feelings, and the reality is - whether you own a Thomas Kincade Calendar or an original ATC created by Moi - once you own it free and clear, you have the right to sell it, give it as a gift, or put it in a casserole and eat it for dinner. If you sell it - you have the right to name the artist OR NOT. What you CAN NOT DO is suggest that it is YOUR ART. You can say: "chel*art*original's original pin up girl art!" in your listing title. BUT YOU CANNOT SAY "My Original pin up girl art" if YOU did not create it. This is the fine line between doing something that may nor may not hurt feelings, and doing something that is definitely against the law. (By the way, in lengthy discussion about selling other people's art that we've had on the ZNE boards - we've come to similar conclusions that we have about a lot of "conflict ridden issues." It sure goes a long way to contact the artist and let them know that you "intend to sell their artwork.) PHEW! Ok. Those are the learned by the seat of my pants which has been on fire more than once! - lessons that I have learned in regard to copyright and VeRO. Hope this helps some of you, especially the newbies out there. Create with joy, create with integrity, and always - Enjoy Creating! xoxo - Chel

[sunshinesketches]

Excellent, excellent, EXCELLENT post, Chel. VeRO also extends to not allowing you to say things like "Chanel-like" or "Shabby Chic." If in doubt, check out what is allowed before listing it. /Karen PS - I am going to trademark the words "cat," "mermaid" and "fairy." I am going to become very rich this way. 😉

[4355ttt]

Yes, excellent post Chel! I will have to look up VeRO, that's new to me too. I'm just trying to make my little drawings look more professional, but the two I just listed that I put the copyright mark in, I can barely even see it! Lot of good that did me! Terri

[impressionsoftexas]

I have learned soooooo much from this thread, but have one question. I have received several answers, but always kinda iffy - if I do a painting and use a song lyric (painted words) in the painting - up to 8 words - is that any kind of a copyright infringement? I really can't afford to contact a lawyer right now, but maybe someone smarter than me can tell me. I have looked at all the copyright "rules" and just get more and more confused. Thanks Linda

[artistjillian]

Have you tried phoning one of the copyright offices to ask? There are no charges, so it's not a matter of contacting a lawyer. They are really quite good with answers, as I had a lot of dealings with them some years ago when I had a tax issue. I know it sounds like a cop-out, but unless someone has first-hand experience in this specifically, I would tend to make sure that I was positive of the answer. If you make up a song or words, these are copyright to you as soon as you produce them. ~Jillian

[chelisesurfing_1]

You may use up to a lyric of a song or (I believe it is) 4 lines of text, or a stanza from a poem. This is for presently copyrighted material. Many poems and/or older books have become public domain material. (Most shakespeare, etc.) Public domain, there is no copyright infringement. Otherwise, you may use a limited amount without infringement. However, do not do anything that would make it look like you were passing the writing off as your own, if it is not your own.

[chelisesurfing_1]

(FYI, to help in further research about that specific topic - using text, stanza's or lyrics - you are looking for Fair Use Exemptions to copyright law. More often than not you will find info about this as it related to education, criticism, or commentary. Here are some important factors to determining fair use - as provided by Princeton University: The Fair Use Statute The following is the full text of the fair use statute of the U. S. Copyright Act. Section 107 of the Copyright Act of 1976. Limitations on exclusive rights: Fair Use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified in that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. But note that the concept of "fair use" provides limited exemption, and does not encompass wholesale copying and distribution of copyrighted work for educational or any other purpose, without permission. Copyright law does not specify the exact limitations of fair use. Instead, the law provides four interrelated standards or tests, which must be applied in each case to evaluate, whether the copying or distributing falls within the limited exemption of fair use. Here are the four standards: The purpose and character of the use. Duplicating and distributing selected portions of copyrighted materials for specific purposes falls within fair use guidelines, particularly if the copies are made spontaneously or for temporary use, and not as part of an anthology. The nature of the copyrighted work. Fair use applies more readily to copying paragraphs from a primary source than to copying a chapter from a textbook. Fair use applies to multimedia materials in a manner similar if not identical to print media. The amount and substantiality of the portion used in relation to the copyrighted work as a whole Copying extracts that are short relative to the whole work and distributing copyrighted segments that do not capture the "essence" of the work are generally considered fair use. The effect of use on the potential market for or value of the work. If copying or distributing the work does not reduce sales of the original work, then the use may be considered fair. Of the four standards, this is arguably the most important test for fair use. " Hope that helps.