All you ever wanted to know about copyright for artists
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- Опубликовано: 11 сен 2024
- Imitation is the sincerest form of flattery, right? No. If you find someone copying your art or pretending your painting is theirs, or using your work on products, you are going to be pretty fed up. This week, I had it happen to me. An artist in Halifax, Canada is copying and selling not only my work but work of artists such as Slaveika Aladjova and Ray Campbell Smith. She's been called out lots of times, along with her husband who does all the advertising. So I asked her to 'cease and desist', and they refused. I reported to Facebook and they did little. The couple boasted that they had other pages and if I got one taken down they would just carry on.... What can we as artists do in these cases?
Copyright is there to protect your creative endeavours, and gives you legal redress. But what exactly is it, how do you get it and what can/cannot it cover? How do you find out about someone using your work? How does a reverse image search work? I am an artist, not a lawyer and I will do my best to answer all of these questions in every day language.
Every artist needs to know about copyright, both to protect their own work and to make sure that they don't infringe of other people's rights. I will try to examine a few of the differences between US and UK law, but the general principles are pretty universal.
However, I am not a lawyer, so do make sure to check out the specifics for your own situation. If you are an artist, I would love to know if you have ever had someone steal your work and what you did. If you are a lawyer, please tell me if I have got any of this wrong! We all need to keep learning!
Every week I share a tip, trick or technique which I wish I had known about ages ago. I release the films at 2pm GMT Sunday, so if you find this helpful please like and subscribe and hit the notification bell to be told about the next one.
I know I got things wrong with copyright when I started out, so I hope this helps you either avoid some of my mistakes or helps you sort out problems if they arise. And remember, if we support each other we can make it harder for people to steal artists' work. If you see the work of an artist in an unusual place or being used for something unexpected, drop them a line. It may be legit, but it may not be....
#lizchaderton #copyrighttheft #copyright
Liz, that was a very eye opening video. I feel terrible this has happened to you. It's utterly despicable to think someone could steal and profit from a beautiful work of art that you poured your heart and soul, creativity, time and effort and expense into. I'm wondering if you could somehow report them to the Canada Revenue Agency. Chances are if they're willing to steal someone's work they're probably evading taxes also by not reporting business revenues. If they were caught it might deter this type of behavior. Or if you can't beat them join them. Have you ever looked into putting your works onto a website where people can order things like mugs, pillows etc. I think there's one called Society 6. At least you would be the beneficiary and not some thief. Anyway stay positive and thank you for all you do.
Please don’t feel terrible. The first time it happened I was shaking, but you can’t let it suck the joy out of you. Funniky enough, I have been looking at Society 6, Redbubble, Zazzle etc. I really fancy doing my own cow sneakers!!
This was extremely fascinating. You have really cleared up the question of copyrights in art. And you are right…unless you have deep pockets to pursue the abuser(s), it will not likely be worthwhile. Thank you so much for doing this video. I am so sorry that your artworks have been stolen, but hopefully now those people will stay away from your art. Cheers! And have a wonderful rest of the day!
I’m glad it was helpful. we can all hopefully work to make it harder for the thieves or at least be a thorn in their side!
Copyright and Business law are without doubt, the 2 most boring, mind numbing, and confusing subjects I had to study in my 1st year law course. However, I did enjoy the video and your attitude towards the whole situation, I once had a photo that I'd taken lifted from my website and used by a local rag, in short the following week they printed an apology and a credit and since then I haven't uploaded any image bigger than 800px. I must admit I feel slightly better about my 20 year old chair in my study after seeing yours is in a similar condition to mine. Good luck dealing with those charlatans.
Yes, that chair is delaminating! i must find a throw or something. Photographers must have more issues than artists. I think there is a perception that if it is on the internet it is in the public domain, but that is not true.
I love your Spanish horse, didn't know it was yours when I put it in my inspiration file, (still haven't tried it on one of my sister's horses yet!) but if it's any consolation her's is not a patch on the real thing! Great idea to show it, but your own work has real class. Thanks for the info.
Thank you! It was the cheek of admitting she was copying and selling it multiple times and not seeing that as wrong, as each was a little different.... hey ho!
Hi Liz, I've had the same problems - not just with paintings but with my music when working as a singer/ songwriter. I found your approach - shaming them publicly - worked best. Like yourself I feel there's a world of difference between intentionally ripping off someone's work for gain and impoliteness or ignorance. No doubt there are still copied works of mine out there but I definitely caused a ruckus and got some requests for original work from it. Great video and keep up the good work.
Thanks for sharing! The balance is being determined but not letting it suck the joy out of what you are doing, isn’t it? I am sorry this has happened to you. And yes this all applies to photos, music, poems, writing etc, but I don’t know so much about those.
@@LizChadertonArt Thanks Liz. You're right about attitude. There's no point in getting all bitter and twisted about it, especially as any exhibited painter is very likely to find their work on Chinese t-shirts, mugs etc. with no realistic recourse. I found reviewing stuff useful, slipping in that I preferred the original to the copy, which seemed to slip through their defences. Maybe we should all write " Best fake I've seen " reviews !
@@atelierthhun1165 Love it! I've seen people write 'For more of my work go to xxxx', but a nice pithy comment along with 20 of your friends, will hopefully make it too much bother to continue to rip off your work.
Wow, very comprehensive Liz. I can only hope my work becomes so good that someone wants to copy it ! LOL. On a more serious note, Its wrong and I have notified an artist know in the past I saw her work elsewhere. Thank you for being on top of this subject. Blessings.
That was so kind of you to let her know. If we all look out for each other, it helps for sure.
Thank you so much Liz for taking the time to produce this video. It is definitely very useful!!
Glad it was helpful! I wasn’t sure if anyone would be interested.
I love -admire your attitude of joy& forgiveness! The Lord bless you with financial $$$ prosperity!❤
thank you!
Wow, Miss Liz, what a terror of a week you must have had! Thank you for your transparency about this theft. Your excellent teaching style served you well - extending WAY beyond art in this video! Big Hugs for having to endure this!
thank you so much
Thank you Liz, for such an informative video. I can’t believe the cheek of some people, especially that woman in Canada!! I think you’ve done so well to contain your anger, I’m not sure I would be as calm!! In fact i feel so angry for you!! I hope she gets what’s coming to her - I despise dishonesty and theft! It’s interesting to know that style can’t be copyrighted because there are some artists I follow who I strive to be more like but I have always been scared that someone would accuse me of breaching copyright. Anyway, thank you again for your videos and I will certainly keep my eye open for any copies and will report them straightaway.
the first time it happened, I was angry, but that doesn’t get you anywhere, so I try not to be. yes, style, technique, subject can not be copyrighted. unless you came up with something so unique no one had done it before, but that seems unlikely.
Thank you so much that was very informative. Sorry about your work being so shamelessly copied - but you’re right, life is too short to spend too much time and money on it. I enjoy your wonderful art, lessons and chats! Thank you so much!
You are so welcome!
This was very helpful, I almost always take my own photos, so thete is no worry about copywrite. The owl on the front of my book was one I took a Pucyon Castle so I had absolutely no worries about it.
Good idea. I am a dreadful photographer! There is no harm in using a photo to check out a detail, but copying an entire one is an issue unless it is public domain etc
Thanks Liz. Great presentation!! 💕
You are very welcome!
Thanks for the video Liz, really informative. She didn't look very happy in the photos that you showed, so like you say she is being controlled into creating the paintings she doesn't want too.
I do wonder about that….
A very tricky area of law Liz. I’m really sorry that this person from Canada has stolen your work and been so arrogant about it. I hope she’s heard of Karma. Social media has definitely created a mine field regarding copyright infringement, but on the other hand it creates a wonderful platform for many artists to get their work out into the world. I actually believe that in the majority of cases that it’s not artists who steal from artists rather businesses who steal opportunities (-: Marion 🙈
Agreed! Though strangely a friend of mine yesterday found an artist in Australia copying her English woodland paintings.... I think that we all need to be conscious of what we do, look out for each other and not let it spoil our love of art.
Lots of good information! Thank you for sharing.
Glad it was helpful!
I think we need to photo our paintings from a distance and crop or photo at an angle.
yes, staging your paintings at an angle or with props helps. the issue is when you are selling you have to share clear straight ones….
That was really interesting, and see the difference depending on country, thanks a lot.
Glad you enjoyed it! The principles are the same, but there are nuances.
Thankyou for a very valuable video, I'm sad this has happened to you and that the person was so obnoxious. I'm now going to try that image search thing, I think I'll watch this again lol to get it right. Thankyou liz.
reverse image searches aren’t foolproof, but if you check visually similar images it should flag up close copies and check the pages and you will see if anyone is using.
I want to use old native American photography as a basis for a seies if artworks in charcoals. People gave said that those copyrights have already entered the public domain because the copyright is expired. The most recent photograph I would use is dated 1902.
Do you have ant advice if im able to use?
I cannot offer legal advice at all, I can only share my understanding! Copyright on photos in the USA expires 70 years after the authorship. When these early photos were taken it would have been 50 years, but you have had legislation changes. Take a look at this guide: www.digitisingmorgan.org/uploads/BN5-photographs%20duration_DigiMorgan.pdf. So from my reading, you will be fine - but that is not legal advice!!!
Thank you Liz, that was really useful.
Glad it was helpful!
Thanks Liz for this information. It was really useful. Must say though you are remarkably calm about that Canadian woman. She sounds rude. Think I would be a bit cross.👍🤗
she was beyond rude. I understand from people that got in touch once I publicised it that her husband does all the ads and posts. He appears to be a controlling, abusive person judging from the correspondence. BUT… I don’t want to be angry as it says all the joy out of life, which is why I thought I’d turn it into an educational opportunity…
@@LizChadertonArt the picture framers I use had a canvas print for sale and I thought it looked familiar. It came to me later it was a digital print of a Jake Winkle painting. The owner says the person that did the print does quite a few….. I expect he would think no one would know the original artist . Keep up the good work. 🤗
....If I make a portrait of Michael Jordan (basketball player), can I sell it? Or do I need his release form to use his image?
I am not a lawyer, and the answer depends on what country you are in and whether you are basing it on someone else’s photo. Tale a look here: artquest.org.uk/artlaw-article/what-if-i-want-to-use-an-image-of-a-celebrity-in-my-work-2/
a very good insight Liz well done, I ve been had over a few times and so hard to sort and deal with. I looked on Google to search some of my better known images , but the search bar only has a microphone no camera icon. Any ideas, cheers Paul
Go to Google images. You should see images in the top right of your screen? Or just search google images, then you will get the Google search page but there will be images under the Google logo and you should see the camera. Then you can upload your image. For your sake I hope you don't find anything....
@@LizChadertonArt @Liz Chaderton Cheers Liz will check some out, have been caught before in USA and China. cheers Paul
If that Canadian paint the horse with different posture (2 feet up) with same color style, would that be also copyright infringement?
There is no copyright on style or colour
Wow! This was very enlightening. Very very informative. Thank you.
Glad you enjoyed it! I wasn’t sure if anyone would be interested
Thanks so much! Very helpful and informative!
You are so welcome!
I admire you so much!
Thank you x
Thank you for such an informative message❤
Glad it was helpful!
This is great information. I have painted things I’ve taken pictures of but sometimes I feel I have seen something on the internet or a magazine and used as a reference. Changes but still influenced by that image. Luckily, I never exhibit or Cell. But I guess I’ll have to destroy all of those.
no, don’t destroy them! You can use images for study and critique.
@@LizChadertonArt ok but at my age what if they survive me. And then kids or grandkids do something with them, are they like infringing copyright?
@@GrandmaMuggy hmmmmm, the grandkids wouldn’t be (again, not a legal expert) and no one is going to dig you up to take you to court.
@@LizChadertonArt haha. I’m not a legal expert either but since I’m gonna be cremated digging up is not an option. Thank you. I do think about this when I see some thing. And I say oh that would be fun to try to paint that I do comment on the back. But I do paint an awful lot from photographs that I’ve taken or been given photographs from a child or a grandchild that has said please paint this for me. Thank you for starting the conversation. I think it’s very important. My father was a musician, and we do think about those rights for music that he wrote, or performed as belonging to his estate, and not being in the public domain. Good and let me just say now that I’m so enjoying your channel. I just applied for your Facebook group.
@@GrandmaMuggy I wonder about the whole estate thing…..
I'm not a big fan of intellectual property laws. After all, we did not invent the owl, the cow or the color purple. We didn't invent words, perspective, shading techniques etc. Intellectual property laws stifle creativity; not protect it.
Just look at the works of the great masters, the libraries of the past, classic literature. We wouldn't even have the Bible old or new testament if there were intellectual property laws. The old testament goes all the way back to the beginning of the iron age. We know this because the two women whom were traveling theater owners wrote the story and they signed their names to the work. They also told why they wrote the story. They are even mentioned in the old testament as the ones whom verify the old testament to the king. They verified it because they created it. Look what great works have been given to us because of it. The divine comedy, paradise lost, William Blake, all of philosophy, logic and reason. Look at the art of durer, Michelangelo, Leo, artemisia, Raphael, etc. None of which would exist if intellectual property laws existed. Hell Leonardo wouldn't exist at all. He never created, invented or envisioned anything. He had Mariano Jacopo Taccalo's manuscripts for his two published books on machines. He merely redrew and copied his journals as practice. We should get rid of copyright laws.
We would not have peer review or PhD's without intellectual property theft. There isn't a PhD alive that ever had an original thought. If they did they wouldn't be a PhD. They couldn't pass peer review if they did. Hence why any time one challenges the nonsense scholars regurgitate the common reply is: most scholars agree. Of course they do. They couldn't be PhD's if they didn't. I know because I am a PhD and I also have a Juris Doctorate. Although I follow the law, I don't agree with it. If the government cared about theft, they wouldn't have illegaly ratified the constitution to steal labor taxes from citizens.
Now, with that being said, anyone who does steal modem art is daft and inadequate creatively. Shame on them and their lack of integrity. Shame.
Interesting, I am not a lawyer or philosopher, so here does..... Copyright does not protect the things you mention. You cannot copyright a cow/owl or colour (that's why everyone got upset with Anish Kapoor and Vanda Black), you cannot copyright technique or style, so no problem there. Copyright allows for copying for study and critic, for example. It is there to protect the expression of the idea, not the idea itself. So the big question is, should people benefit from their work? If a plumber is paid for plumbing, a doctor for making you better, should a musician be paid for music, or an artist for their art? That is a question which goes to the heart of capitalism and the world economic order.... I'm not going to attempt to address that!! 😂 . But the law exists, so I have tried to explain my understanding to help other artists.
@@LizChadertonArt I've very clear on what we can and can not copyright. I'm sorry if I was misunderstood. I'm all for artists making it known what they have and haven't painted, drawn, etc. However, most merely trace anyway then paint it in. A great many will project images, mix and match, change a color here and there then call that their art. It's not really any different. I understand getting upset, but I also feel as though this limits creativity. If people can't narrow and build upon ideas we stall. I know I'm in the minority but I'll just have to agree to disagree.
@@phillipstroll7385 I wonder if you are an artist, Phillip? You don't seem to appreciate how much work goes into creating a work of art