Copyright Law for Artists Explained by a Lawyer
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- Опубликовано: 20 окт 2024
- Lawyer Greg Kanaan speaks about legal subjects that concern artists, including copyright, intellectual property, trademark, and more. Greg discusses with Art Prof Clara Lieu what types of legal actions are necessary in certain situations that artists might encounter while working professionally.
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GREG KANAAN, The [Legal] Artist
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Greg Kanaan is a New England-based attorney who focuses on intellectual property, business law, and contract issues for artists, filmmakers, and creative entrepreneurs. On top of providing legal services and counsel to a wide variety of creative people, Greg regularly speak at colleges, non-profit arts organizations and professional associations about how the law affects their artistic endeavors.
Greg writes for a variety of publications including a two-year stint at MovieMaker Magazine and is the founder of the blog The [Legal] Artist® which was chosen in 2015 by the ABA Journal as one of its top 100 legal blogs. Before earning his J.D. from Northeastern University School of Law in Boston, Greg received his BFA from the Rhode Island School of Design and was a documentary television producer for seven years, working for Discovery Channel, TLC, Court TV and A&E. Greg is licensed to practice law in New York, Massachusetts, and Connecticut.
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Clara Lieu was an Adjunct Professor at the Rhode Island School of Design from 2007-2020. Her artwork has been exhibited at the International Print Center NY, the Currier Museum, Childs Gallery, the Davis Museum, and more. Lieu received an artist fellowship from the MA Cultural Council, has written for the NY Times, and lectured at Brown University, the NAEA conference, and in Vancouver & China. She has been profiled in Artsy, Hyperallergic, KPCC, & WBUR.
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Watch our stream on Plagiarism vs. Inspiration in Art: ruclips.net/video/gCjW1T-JHUE/видео.html
5:25 Displaying Consumer Product (brand) in part of Art
9:17 About image reference
12:40 Image reference
13:55 International Copyright
I can't believe I never saw this stream! This was incredibly helpful. Thank you.
You're very welcome! - Mia Rozear, Art Prof Staff
The first part is all I wanted or needed. I want to spread awareness to other artist doing commissions within the US of their constitutional right over their work.
For sure! It is so important to learn - Mia, Art Prof Staff
so glad I found this video. I'm actually going to contact that lawyer and see what he has to say in regards to gum road and digital sales. thank you
Awesome, I hope he can help! -Lauryn, Art Prof Teaching Artist
This has so much good info! Thank you for this steam!
Glad it was helpful! :) - Mia Rozear, Art Prof Staff
Oh I love having found this! I published "A Heart Of Ink" as an illustrated poetry book and want to do the second one as a book deal, maybe if I can have say over the imagery within preselected via I-stock but learning how to go about things myself if that is unavailable to me. I want to produce the second part of my poetic story in book 2.
Yes, stock images are a great way to reverse-engineer how something is made! I've had to do the same with vectors in Illustrator and you really learn a lot! -Lauryn, Art Prof Teaching Artist
It has been said that any images you upload to Amazon, listing images, images that you may have paid an agency to create, Amazon claims copyright ownership of images you upload to their site. Other sellers on the site can use those same images you paid to create, on their own listings...and Amazon will not enforce any ownership rights you may have. It was hard for me to believe this but it came from a number of sources. How could another entity claim rights to your copyrighted images simply by uploading them to their website? Is this a legal loophole in the copyright law?
That's so interesting, hmmmm.... I'd love to learn more about things like this! - Mia Rozear, Art Prof Staff
I really likr your serie on copyrights and plagiarism. Thanks and well done!
Glad you like them! Thank you so much for watching :) - Mia Rozear, Art Prof Staff
An excellent and timely subject!
Thank you so much for watching :) - Mia Rozear, Art Prof Staff
This video was very helpful🎨 Subscribed👍🏾
Aah thank you very much! - Mia Rozear, Art Prof Staff
I am really sad I missed this live!! I have a question tho, if it could be answered! What about creating characters or drawings or paintings based on a work of literature? Can a writer sue the artist for using his work as an inspiration? And what if that work of literature was turned into a movie and the artist was inspired by the movie or movie scenes or how a character was portrayed???
Can the writer or in this case the director or the movie filming team sue the artist?
I really wish to get an answer if possible 😃🙏
Wow, these are really great questions! If we ever have a discussion like this again on our channel we'll try and get those answers for you. We also have a discord server you can join, where people talk about all things art related. If you'd like to join, here's the link: discord.gg/g5XQRpT Thank you so much for watching! - Mia Rozear, Art Prof Staff
I painted a picture in early 2000 the band called Kaleo embellished it and used for promotion, I will send you my art work verses what They had for their promotion !
That's awesome! - Mia Rozear, Art Prof Staff
in regards to the second question (about using reference material): where can i draw the line between the reference being too present in my drawing/painting (and me getting into serious trouble when id sell it) vs. me embedding the reference material (pose, shape, colors) enough into my work which is okay and not an infringement when i'm gonna sell the drawing.
drawing a line is so mindboggling to me. I do wanna look up wrinkled clothes, different poses, shapes, colors and so on for example and incorporate them into my work. i would also love to have the freedom of being able to sell it but i don't want to live in fear of infringing. it's hard for me to tell. even a rule of thumb would be nice so i could stop feeling so scared and uncertain about it. if anyone can help that would be amazing!
I think that using reference is fine as long as you're transforming it into your own vision & voice! For me, that moral line can be drawn instinctively when making the piece. Part of you will know whether or not the majority of the piece is copied or transformed enough to sell. The line can be really blurry sometimes, but trust your gut! - Mia, Art Prof Staff
@@artprof thank you for taking the time to answer. i'll try to feel it out if i can. thank you for discussing all of this on here, it helped me :)
Wow thank u so much....❤️It's really informative...
This is really helpful! Though I have a few questions. Can you still have copyright over art commissions. I was hoping if future clients would be using this for personal use they would not be able to profit off of the work and I retain the work, they would be allowed to hang on a wall do whatever with it other than those 2 things. Business use, how much should I charge if I would be giving the rights to them?
I'd spend some time on Greg's site, he'll do a much better job of explaining! www.thelegalartist.com/ - Mia, Art Prof Staff
can you copyright a pose of an animal? I thought I read somewhere that you couldn't but then if you're a wildlife photographer and catch an animal in a fairly unique position, can you *not* use that pose without permission? It's such a hard road to navigate for an artist that wants to give credit where credit is due but also not completely discount their own creative effort to create a seemingly unique final piece... One person might say that final work looks nothing like their photo, another one will look at a Picasso and he ripped them off 😩
Hi! I'm not a lawyer so for a truly accurate answer you would have to ask a lawyer, but, my guess is that you can't copyright a pose of an animal. If a photographer takes a photo of a panda in a specific pose, they own the copyright to that 1 specific image, not the post. It's very tricky!! This video has concrete examples that you might be interested in: ruclips.net/video/gCjW1T-JHUE/видео.html -Prof Lieu
Great session. What if you are an artist like Picasso and you paint the subject in a portrait in an abstract manner. After a while the person turns back and says you had no right to do 100 portraits of them and they just give you a photo of them for example or permission only once.
Is it better for the artist not to publicly admit who the reference was?
Are you allowed to paint someone 100 times if they gave you consent just once?
I am an artist and would like to know if the copyright is only for the original work of art or does it extend to a print of my work? I do not think it should if it does. I think a person who buys a print of my work owns that print and should be allowed to do with it as they see fit because they own the print but I still own the original work of art.
Hi! If someone buys a print, they own the physical artwork, but they do not own the rights to that image. You still retain ownership over that image, no matter how many prints you sell. (unless you sell the rights. Hope that makes sense! -Prof Lieu
@@artprof Why not? So what you are saying is the bought a piece of paper and not the image that is on the paper? So if I wanted to I could find out where they live and repossess my image that is on the print?
Sorry, I'm not quite sure I understand your question, but as I said before, you own the image, they own the physical artwork. You don't need to repossess the physical artwork, you still own the image. -Prof Lieu
@@artprof So when we buy something it isn't truly ours? If not then why buy it at all? I own the original work of art. The drawing I did. I make a print and sell the print I still own the original work of art. I would hope that they would not reprint my work and sell it because it will look poorly but it is their print and they should be allowed to do with it as they see fit because they bout it. How had is that to understand. . .
When you buy art, the physical object is yours, but you don't have ownership of the image, that's how copyright law works. For more people ownership of the image isn't important when they buy art, they buy it usually because they appreciate the image and want to interact with it on their walls, maybe they are a collector, etc. The only way you can truly guarantee someone won't make a print of an artwork they buy is to never sell your work, never post it online, and never show it to anyone. If you want your buyers to be allowed to do with it what they want, then you can include that you are also selling them the rights to the image upon purchase of the physical artwork, that's your choice if that is important for you to grant them that right. If that doesn't make sense, I would advise you speak to a copyright lawyer to explain it to you. -Prof Lieu
If you don't exactly replicate the photograph there is nothing they can do and most post people couldn't anyway. I use flickr landscape and seascape photographs all the time and I sell a lot of painting, a lot. There will be something about the composition or view that I like but even then I will alter it. I will change the palette completely and since I don't slavishly the replicate surface detail or even the same light,( I only use palette knives and rollers ), there is little that the photographer could do. Could they even prove that you didn't also take a photograph from the same position? Nope
I think as long as it's not an EXACT copy then it should be fine! Just gotta give everything a personal twist :) - Mia, Art Prof Staff
Can a channel be sued for a video posted with permission by another group? Lets say you have a channel that endorses other channels and you post a video of another, but someone doesn't like the video and wants to sue, who would they sue?
Yes, I think there would be grounds for a lawsuit! When it comes to specifics, though, I'm unsure... - Mia, Art Prof Staff
A lot of dead celebrities have copyright protection. Can I write a story and Sally script about Frank Sinatra or Elvis Presley without getting permission?
I have a crazy question does submitting your works to The writers guild help someone
It could help connect you to clients if you're a book illustrator! It's always a good idea to connect with other artists in different fields, like writing, performance art, etc. At least in my opinion! - Mia, Art Prof Staff
@@artprof thank you for replying to my question I was just trying to help out other people because I've been hearing a lot about The writers guild of America thank you very much
What if a profit driven work like research or books take an original video on utube you made and publishes it verbatim transcript or description without compensation or contact for permission?. You can't sell fair use/educational purposes only collages etc .
In Canada: A painting of an apple photo realistically does not require copyright permission, a Campbells soup can painting is not infringement unless you sign it Warhol but putting it on a bunk soup can via digital graphics it's big rock little rock time LOL!
Luna was ok selling a painting of an image, a person with a photographic trained memory could do it so looking at a Masters painting trying your best to copy and sell is legal IE Van Gough etc. Putting a forged or simulated original artists name would be infringement.
Not a lawyer just an artist.
My daughter is an amazing artist and I really need to know what is the best site to get her logo and artwork where only she can use the artwork on merchandise. I’m not sure whether it should be trademarked or patent or what I am just scared that someone will take her work.
She would need to register the images with the US copyright office, Greg explains how to do it in the stream, and also the fees involved. I'm not a lawyer, but I think that trademark is for a name, and a patent is for a product. I could be wrong though, so make sure you do your research or speak to a lawyer. -Prof Lieu
What??? No artist in history needed to have this to make their work worth anything. If you draw it and put it on your website without license, it is still your art AND no one should take your idea without permission. NO ONE. It seems like this was only created to keep the artist that don't have the proper funds to get your license every piece of artwork in their portfolio Andy gives corporations companies and everybody else the power to rip off the small insignificant mom and pop artists without any repercussions.
While it's true it can be hard to fight a behemoth of a corporation, mom and pop artists also take ideas from each other, and it's worth thinking about what you can do to protect yourself if/when such an event occurs. -Lauryn, Art Prof Teaching Artist