Fair Use & Copyright Laws For Artists
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- Опубликовано: 27 ноя 2018
- What you know about copyright is likely wrong. Using movie clips, commercial music and images may be violating copyright law unless you are actually using it for:critique, analysis, review, news or parody. Otherwise, you are in danger of getting sued. Hear more from New York attorney Nancy E. Wolff.
Nancy E. Wolff is a member of the intellectual property, media and entertainment law firm of Cowan, DeBaets, Abrahams & Sheppard, LLP located in New York, New York and Beverly Hills, CA.
12:25 - copyright vs. patent
13:30 - destroyed by fair use claims on youtube
16:04 - copyright infringement
18:17 - copyright.cornell.edu/publicd...
21:35 - Creative Common
22:35 - Fair use is NOT a verb
26:35 - Can I use music?
44:35 - De Minimus
46:33 - Fair Use TIPS
50:37 - License from a trusted source
52:22 - Link Directly
53:29 - Copyright Tips
Nancy E. Wolff
@NancyEWolff
cdas.com
nwolff@cdas.com
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What you said at the end of the video proves that the legal system is broken. "Justice for those who can afford it."
This is an extremely needed topic! Thanks for sharing! I can definitely say I've learnt a lot but I'm certain I'll have to re-watch a couple more times to fully understand.... as a graphic designer/artist thanks very much... love the content you produce at The Futur :)
Perfect timing for a project I'm working on. Thanks for sharing your expertise.
Very interesting video. Thank you for bringing us this information and thank you Nancy for sharing it! And by the way, I understood exactly what you were asking about vectorizing the A.
Very useful! Thank you for making this video! The best channel for designers!
Thank you.
Mind blown. Fantastic talk.. 👍👍 Thankyou.
How do you apply copyright law to creating moodboards, styleboards, stylescapes, and such? As long as it's only shown to the client you're ok to show and use everything, but I've also seen a lot of examples around (online, e. g. in portfolios) where I am pretty sure a lot of the images used within are not licensed and from all over the place. It's really hard to find certain visual references whithin stock photos and for some topics it is just not possible. So if you're publishing mb/sb/sc - as you did with the stylescapes and frames for tangoe and 450 Alaskan - did you license all the images used? Is there an exception as where you can use it for "reference" or "comparison" within legal boundaries? It probably would be ok to show it on your channel if you find a way within educational purposes, referencing, … but as soon as you want to publish it on, let's say behance, you'd have to own everything because you're using it openly for commercial purposes/promotion of your own work i guess? Which brings you in the dilemma of not being able to show a potentially substancial part of your process or not being able to precisely hit your visual goals with referencing images. So how do you handle all this?
… not trying to sue you - I promise! ;) Most valuable source of information for design and the business of design! Thank you so much for all of this! Much love from Germany. Keep up doing what you're doing. I hope I'll be able to give back in a while to you guys and girls too.
Very Informative.
So using as "little as possible" of a clip is up for interpretation. So, I will just have to rely on using the clip to augment the point I'm making and not worry about how many seconds of the clip there is. (I use very little, by the way).........Is that correct?
if you are doing commentary, news or teaching, you might have more latitude.
Imaging this:
You have a billboard that holds up a letter "A". The metal structure that is holding up that letter "A" is the metaphor of the code, the copyrighted literary works.
Now, someone else makes a billboard with the exact same letter "A", but changes the metal structure holding it up.
The output is now the same, everyone sees the letter A, same style, same everything. However, the metal frame holding it up is different.
The letter A = helvetica font
Metal framework = software / literary copyright.
Does changing the software make your font copyright now?
Very interesting, thanks.
Wow thank you so much!! I asked for this on your Facebook in pm and you did it! You are incredible!!
you ask. we listen.
THANK YOU guys for making this! Super helpful. Would love to see one on contracts when it comes to ownership vs. usage rights and what the possible options are when you have to give up ownership, but want to also protect the work from being altered. Is that a thing?? I can't seem to find this answer anywhere!
thank you
Lots of great guidelines, thank you again! Shepard Fairey & Aholsniffsgule cases respectively, are worth a mention .
yes. for sure. AP press photographer vs. Fairey.
Yes, I discuss those case in my longer presentation.
Very informative I take in account fair use very seriously and think if someone had my video how would I want be credited? The second thing is I think of the four factors in fair use and how I might be able to defend myself and answer each fair use question in how I do reviews.
Sir i have question if my channel rejected copyright infringement the video i upload can i monitized my video i need the reply sir i hope you answer me sir
Graphics and type👏🏻👏🏻👏🏻👏🏻
I am trying to understand why my design was taken off a site. I suspect it was the inclusion of a name with a number that I framed simply with a box. I was going to use it in a tee shirt for sale. So imagine simply the name John and the number 17:10 (Scripture reference only) with a basic font and a basic border surrounding it...where bg is the detailed infringement? Is it the font (which I chose from canva who says it's ok to use their graphics) or is it the reference itself or was it simply too close to something someone named John has already done?🤔 this is a huge rabbit hole for me but I want to do this the right way. Understanding the right way has become super complicated. Watching this let me know I am not alone though👏🏻👏🏻👏🏻 thank you to all of you for sharing this 411 !!!!!
THANK YOU SO MUCH I LOVE THIS VIDEO
Great information. Her company logo could use some TLC, looks straight out of the 90's. :)
I really need a book to learn this stuff. There is a lot to get through.
My reaction to Chris' nerdy question: "I understood that reference."
Represent. Design Nerd.
Same here, but he could've put it a bit more clear if he wasn't so technical in that case.
The thing is: Even before he opens the software to turn the glyphs into a font file, what file did he use to convert the letters into vector?
Because basically: To create the outlines he IS STILL using a software file he got "somewhere" - and that file is the one that is protected by copyright (from what I understood).
My question would be: How does the licensing work if you payed for that first font file? Are you okay if you use it to create a different font file (with different coding lines), but with the letters looking 99.9% the same and just giving that new font file a different name? I assume not, but I think that is mostly what Chris was asking.
Great content by the way guys (as always). Thank you very much. You rock. 🤘
Are you planning on doing more videos on this topic? Or are there any more out there already?
@@d_ressu Man, the thing is that the Types are not protected. Like, Helvetica is quite old... I mean... If they can prove, they can prove it... But... It's all a bunch of "dotes". Like... I transformed it into form, so what they are seeing is not "the font" but the drawing of the types that are not protected. Wouldn't it be different? If is a type that THEY INVENTED they can prove it that the only way you could have it would be from they font.
I'm just wondering in here.
They have to call her to another video!!!
What is the rule of thumb when it comes to alternative movie/film posters where you've done the illustration and everything on the poster/art print from scratch?
In the junk journal making world of small home crafters, there’s a lot of talk that using an actual image including the original page of the magazine that you bought may not be legal. Daphne’s Dairy is the specific magazine people are talking about and this is a British magazine. If I own a magazine, is it illegal to tear out a picture and put it into a junk journal (for strictly embellishment purposes) that I intend to sell? Suppose I only sell it in the U.S.? Thank you so much!
Where Are available the images of the examples?
Ah Chris you're the best. Thanks for this.
Break boundaries not copyright law. ;)
What if you sell digital sewing patterns (like a blue print). I sell them for own use only. So buyers can make there own clothes. can you prevent buyers to sell the products what they make from the patterns?
You can’t. So maybe charge more. You should contact an attorney.
This is wonderful!!! Thanks so much.... I'm a little bit confused about the monkey picture. Does this mean that I can use a photo of a cute cat I found online and use it to create some art work with it without infringing on the photographer's rights? Please explain.
Aaron is v likeable bent on breaking the law but v likeable! 😉 Great vid. 👍
What about abstract painting??? Can i get in trouble if i use same clours? i mean abstract painting isnt rly smth i can copy even if i wanted..
So is creating personal design work for big brands like Nike as practice and then posting that work to Instagram or Behance a nono? I've seen this done a lot and was thinking of doing something similar to work on my skills!
I think practice (non commercial) use is okay.
im looking to find out about pop art, when using a logo or a famous face painted. Like Andy Warhol (not his style as such) but is it legal to do this, to paint a logo into a painting, and then sell prints of this painting?
This video helped me a lot to understand the basics of copyright. Too bad big corporations like HBO follow copyright laws only when they choose to (google “Chernobyl plagiarism”)
Is the PowerPoint slides available? Those are valuable to me information-wise!
I can ask.
@@thefutur Please do.
How did Let's get Ready to Rumble get protected. It's a simple phrase said by many before it got protected.
Okay let’s talk illustrations.
What if you utilize a lot of popular artists visual concepts but collage the concepts together to where the final product is completely unique within itself? Like you can identify where the original ideas come from but you still input your original flair, stylization, coloring, concepts?? Same goes for 2d illustration video. Like, I like this artists illustrations, so I create something similar in nature but add my own unique input by adding my own animation & tweaking the illustration to my own unique stylization.
These copyright laws are too much of a Grey area for artists. Further definition by 2020 is a must.
I missed it! and I finally had a question in mind T_T
thanx rich lady
What?!
6 ppl are thankful the rich lady talked for free
@@terifficayesterdayw1728 I'm sure everybody has antique furniture and replica's of famous sculptures in their study, she's clearly down to earth and in touch with the common people!
Very interesting video ! Great and diverse content. However, this is one of the hardest times I've had trying to understand the content. Possibly because unlike other videos on the channel, I felt like maybe the Attorney spoke a bit too much and didn't leave space for Chris to interpret the info and re-explain it in a simpler, more straightforward way (which is what he does best). Nothing against her she is clearly very intelligent and knows a lot on the matter but perhaps that is the reason she talking in such a high volume as if everyone else knows too. What do you guys think ?
I can always interpret later. It’s good to have her speak uninterrupted because she’s the authority.
I’m still confused about graphic designs.... At what point does it become infringement when you take bits and pieces from two or more copyrighted designs and create your own design?
Also P.S. - Aaron is a bad influence. lol
Haha.
Chris' nerdy question was exactly what I wanted to know about fonts LOL, sadly she didn't got it! :/
Imagine you had 3 markers a red, yellow and orange. On a sheet of paper you draw something original with the orange marker and you copyright it. Then chris comes along with a yellow and a red marker, he draws the same exact image with the red marker and does the same thing with the yellow marker right on top, so he has just created the exact original work but with different materials. Since the end product is the exact same it’s copyrighted doesn’t matter that it was made differently, since it’s the same in the end it’s still copyrighted.
What about taking bits of original audio from creators on social media and also news channels on social media to create a new track for an artwork dealing with fake news?
I wish lawyers would do something about protecting people who upload pictures to social media who may or may not view their photos as art and are only intending to share them with friends and family. Who then get exploited online in disgusting ways. I've had some of my photos which weren't even pornographic or flirty but just regular photos, I'm not a selfie person, used for porn bots and sites and I am not happy about it. I shouldn't have to prove to google's legal team with certification of who I am to have them take it down when its obviously me and mine and you can see/trace origin off fb or other social media, and two when its being reported as impersonation, spam, suspicious content, possible virus content and malware, and is a bot.
Thanks for this! it is extremely useful for something I'm working on. I have a question though in case anyone knows the answer: What about a song that has excerpts from speech?, being the speech very important for the theme of the song.
No! I just saw this D: . I'm currently trying to build some templates in attempts to create a more "passive income" business model. My question is about using stock photos. Seeing as I am trying to sell templates do I need to use my own photos? Does the licensing transfer over if I use a stock photo? Do I need a different, stronger license? I have noticed that some photos allows up to 100,000 prints, but if multiple larger company buys my template and uses it and distributes like direct mail it then what? Should I just take out the trusty DSLR and do it myself and take the time to learn new skills? HELP.
Contact the stock agency for an enhanced license.
So an enhanced license would allow the distribution of the images in said template through different businesses. Like my template being bought by multiple companies and the stock photo not getting switched out in the end result. It will also protect me and my clients purchasing my files, correct? I will obviously discuss things with whatever stock agency I go through, but a general base idea is super helpful when dealing with the legalities.
Watched a video of a musician complaining about getting strikes for doing lessons of other people’s songs. Then he got a strike... For a track he made that someone else took and added lyrics and vocals to it... He was none too happy that they took his song and also nailed him for his own protected work.
I would like people to step back and stop the hypocrisy on this issue.
Can Code like CSS can be copyright ?
the code is considered a literary work.
P.S. - I'm the one who sued Chris. #ChildSupportPaid
What about if you're not doing it to sell something but you're doing it to get a donation or fundraise or crowdfund
Still an issue.
Is this the reason why the 4 day Sprint videos were suddenly removed? Anything to do with AJ&Smart?
no. not at all. we said in the video, it's only going to be up for a period of time. you'll start to see some of our videos disappear, especially the long live streams. we want to encourage people to tune in and watch and not "save it for later".
we're friends w/ AJ&Smart. in fact, Jonathan was recently on the podcast.
@@thefutur Thanks for clearing this up! I'm now mad at myself for having missed it. Cheers~
When you noted 'type' is not protected, are you talking about 'font type' or 'types of art?"
Typefaces are not protected. You can’t copyright Helvetica. But you can protect the font.
fonts-and the alphabet not types of art
The Futur what is difference between typeface and font?
@@DawnDBoyerPhD a typeface is the shape of the letter, what it looks like. A font is the means by which the letter is created (letter, size, weight etc), in the digital world that is software. - This is a super simple explanation, but you can learn more by searching online for the difference.
Perfect example of parody. Older people will remember Weird Al Yankovic. He made a career of parodies of popular music. Even to the point that some artists actually looked forward to being parodied by him. It raised issues at times for certain, but general use was approved.
good one.
@@thefutur7:03
I have not seen any videos of it yet because I'm not interested in it.
What do think about FOUND financial card
Weird. While watching your video, a RUclips copyright dispute came to my mailbox. Some trollbot 'identified' free, licensed music on my video as copyrighted material. Going through their process now.
that sucks!
If you don't exactly replicate the photograph there is nothing the Photographer can do and most post people couldn't anyway, even if they tried. I use flickr and Pinterest landscape and seascape photographs all the time and I sell a lot of paintings, 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 can say. Could they even prove that you didn't also take a photograph from the same position or close by? Nope
This is an awesome episode! The minute Nancy mentioned typefaces I had the same nerdy question in the back of my head that Chris asked, wonder if he ever got an answer?
Sort of
@@thefutur So? Will it fly?
Our lawmakers did our country a great disservice by making this a rats nest of legal processing. Kudos to the lady for trying to create a small claims court at least.
How important would it be to the courts... somebody's childhood poetry that was stolen then socially exploited and they were trying to retrieve had personal strong personal value writen during personal trauma
If you need high powered, expensive lawyers and law firms and judges to decide for you, as an artist, if your fair use is in fact, "fair use", that leaves the artist with not much to work with in deciding its legal use in his/her work. As a starving artist...you're on your own. Hope you make the right decision.
that kid is going to end up in court with the RIAA, lol
Is the firm Wolff, Ram & Hart?
no. check the description.
No, Cowan, DeBaets, Abrahams & Sheppard LLP www.cdas.com
Guys, Wolfram & Hart was an evil law Corp from a 90s tv show
@Leonid Denisenko: Or Dewey, Cheatham and Howe?
Please drop the world off for us and we'll be happy if there is any to make it happen 🙏 if so I would be glad to stop and help with it. I don't know about copyright laws but I want to be safeguard for it.
Total BS legalize.
It depends on what day, time and mood of judge. A legal landmine. Great for lawyers!
What's Aron's RUclips channel? Would love to subscribe.
Chris looks like Chester of #LinkinPark
13:30 yo two mad is watching this lmao
I'm here to talk about copyright laws...oh this lil thing in the back? that's just my virtue bat signal. didn't think you would notice
Please drop off showing videos of my own with the latest. Thanks again for all of my help.
This is horrible. You said she had a 30 minute presentation then you continued to interrupt her before she could get through the presentation!! I can’t even watch this. Ridiculous!
Can you go to prison for breaking copyright law
Probably just sued