ACA: ADOBE CERTIFIED ASSOCIATE CERTIFICATION IN GRAPHIC

Chana Messer, Adobe Education Leader, Adobe Community Professional Twitter LinkedIn: 3

ACA: ADOBE CERTIFIED ASSOCIATE CERTIFICATION IN GRAPHIC DESIGN

DOMAIN 1.0 SETTING PROJECT REQUIREMENTS1.2 DEMONSTRATE KNOWLEDGE OF STANDARD COPYRIGHT RULES

FOR ARTWORK,GRAPHICS, AND GRAPHIC USE.

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COPYRIGHT

OBJECTIVES:

1.2 Demonstrate knowledge of standard copyright rules for artwork, image, graphics, and graphic use.

LEARNING OBJECTIVES

IDENTIFY Information that will help Copyright needs

IDENTIFY Criteria that determines the correct Copyright

DEMONSTRATE Knowledge of standard copyright rules for images and image use




COPYRIGHTWHAT IS COPYRIGHT?

✦A copyright is the legal term which gives the creator of an original work exclusive rights to it. Any material that is copyrighted requires an end user to obtain permission from its copyright holder in order to use it. Without such permission, it is illegal to use that material. ✦Based on a copyright agreement the creator may give the “right to copy” — i.e. use of the material — to an end user. ✦A copyright ensures that authors and artists receive proper credit and compensation if their works become best sellers or popular hits, for example. ✦Copyright protects creators even if the work isn’t published. ✦ In the U.S. Copyright Office’s words: “Copyright is a form of protection… for original works of authorship fixed in a tangible medium of expression. ✦Copyright covers both published and unpublished works




COPYRIGHTTHE COPYRIGHT NOTICE

✦The U.S. Copyright Office recommends the following three elements when including a copyright notice on any copyrighted work:

- The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Corp..” - The year of first publication of the work - The name of the owner of copyright in the work

✦Example: © 2013 John Doe ✦A work does not require the copyright notice or registration to be copyrighted under law.




COPYRIGHT RULESWHAT ARE COPYRIGHT RULES?

✦You generally cannot copy, manipulate, reuse in a “derivative work,” or distribute a copyrighted work without permission from the copyright holder, who might charge a fee. ✦Copyright for “works for hire” (aka “intellectual property”) generally belong to the employer or contractor that commissioned it, not to the creator. ✦• Copyright lasts, in most cases, from the date the work was created, through the creator’s lifetime, plus 70 years after the creator’s death




COPYRIGHT RULESWHY ARE COPYRIGHT RULES IMPORTANT?

✦ It is illegal to use copyrighted works without permission of the copyright owner. ✦Although there are exceptions, it is safe to assume that most works, including images found on-line, are copyrighted. ✦Because of the risks in using copyrighted works without permission, it is best to use legal sources for images and content, and/or to obtain permission from the copyright owner. ✦When in doubt, ask permission or don’t use the work!




COPYRIGHT RULESWHAT ARE THE EXCEPTIONS TO THE RULES?

✦Use of works under the “doctrine of fair use” does not require permission, but “fair use” is hard to determine. ✦Works whose copyrights have expired are in the “public domain”; you can use them freely and without permission. ✦“Works by the U.S. government are not eligible for U.S. copyright protection.” — U.S. Copyright Office ✦ Ideas, procedures, names and slogans, and familiar symbols or designs are not given copyright protection.




COPYRIGHT RULESTHE DOCTRINE OF FAIR USE

✦The “doctrine of fair use” is a complicated exception to the copyright law. ✦U.S. Copyright Law says: “Fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright.” ✦Even if the use is listed in the law, it might not be considered “fair use” if it reduces the commercial value of the work.




COPYRIGHT RULESEXAMPLES: WHAT IS FAIR USE?

✦Example: Student use of a copyrighted graphics or image for private learning probably is “fair use,” because the use is educational and does not affect the work’s commercial value. ✦For student use in a portfolio or the like which would never be published or posted, it is not necessary to receive permission. ✦Example: Use of a copyrighted graphics/image to promote a free public event probably is not “fair use.” An event is not among the uses listed as “fair use,” and public use could negatively affect the work’s commercial value. ✦When in doubt, get permission!




COPYRIGHT RULESWHAT ABOUT GRAPHICS/IMAGES ON BLOGS AND WEBSITES?

✦The Internet is notorious for the illegal use and reuse of graphics/images without permission. ✦This practice is common among amateur and professional bloggers and on websites. ✦Even though this practice is common, it is still illegal. ✦Using copyrighted graphics/images in design work can get you and your client into legal trouble and cost you plenty in fines.




FINDING COPYRIGHTED GRAPHICS AND IMAGES FINDING GRAPHICS/IMAGES ON A BUDGET

✦Not all on line graphics/images are off limits. Some photographers or designers want to see their graphics/images distributed widely on line — but they don’t want to give up their copyright. ✦There are legal alternatives when you need free or low-cost graphics/images for your client.




FINDING COPYRIGHTED GRAPHICS AND IMAGES LEGAL SOURCES FOR FREE AND LOW-COST IMAGES Two alternative — and legal — sources for graphics/images and other digital content are royalty-free stock photos (image banks) and Creative Commons.

✦Royalty-free images from a photo stock agency (image bank). ✦Royalty free means you don’t have to pay a “royalty” fee for each use of the graphics/image. ✦Usually you pay a low, onetime fee for permission to use the graphics/image multiple times. ✦An on line search for “royalty free images” will produce many on line images (image banks)




LEGAL SOURCES FOR FREE AND LOW-COST IMAGES

Creative Commons ✦A nonprofit organization, Creative Commons (CC) establishes standards and methods for copyright owners to state the uses they allow for their works published on the Internet. ✦From CC’s website, you can filter Google, Flicker, and other image searches by type of CC license. ✦Under CC licensing, the copyright stays with the creator. ✦CC licensing does not substitute or replace a copyright.




FINDING COPYRIGHTED GRAPHICS AND IMAGES THE CREATIVE COMMONS “BY” LICENSE

✦The CC “BY” license is ideal for designers who need low-cost images for their clients. ✦The BY license allows users to copy, adapt, distribute, and use for commercial purposes a copyrighted work, with certain conditions. ✦A key condition for the BY license is attribution.




FINDING COPYRIGHT INFORMATION IN YOUR IMAGES/GRAPHICS: WAYS YOU CAN FIND AN IMAGE’S COPYRIGHT

✦ In an on line search, it is often impossible to tell who created a found image in the first place, much less how to contact the creator to ask permission. ✦ If the copyright owner has embedded copyright information in the image itself, it might appear in Adobe Bridge or Adobe Photoshop when you select or open the image.




FINDING IMAGE COPYRIGHTS IN BRIDGE FINDING IMAGE COPYRIGHTS IN BRIDGE (1 OF 3)

✦Some images have copyright information embedded in the image metadata. ✦You can access metadata copyright information in Bridge using the following steps: ✦ In Bridge, set your Workspace to Essentials (Window > Workspace > Essentials). ✦Click on the tab in the right panel called Metadata. When no image is selected, the panel will be blank. When an image is selected, the panel shows a list of data fields.





✦Navigate to, and select the image. ✦Click on the Metadata tab. Notice that it now shows data in sections such as File Properties, IPTC Core, IPTC Extension, Camera Data, and more. ✦Scroll to the IPTC Core section, and click the arrow in the header to open it





✦Scroll through the IPTC Core section until you see the last three items: - Copyright Notice - Copyright Status - Rights Usage Terms

✦ If the image owner has embedded copyright information, this is where it will appear. If not, the Copyright Status will say Unknown. ✦ In this case, the Copyright Status is Public Domain, meaning anyone can use it for any purpose at no charge and without obtaining permission. ✦Also consider the simple technique of using the source URL for an image to go to that website and look for a site-wide permission/copyright page and then contact the listed email to ask for permission.




COPYRIGHT SUMMARY

✦Copyright rules protect creators from unauthorized use of their work, including as on line images. ✦ It is illegal to copy, reuse in a “derivative work,” or distribute a copyrighted work without permission from the copyright owner. ✦Copyrights last until 70 years after the death of the creator. ✦The standard copyright notice contains three elements and looks like this: © 2011 John Doe ✦“Fair use” of a copyrighted work does not require permission but is very complex. ✦Copyright material used purely for educational purposes is OK (demo files, projects, and in-class presentations). ✦Public use, even for a good cause, is probably not OK. ✦Copyright for “works for hire” (aka “intellectual property”) generally belongs to the individual or organization that commissioned the work, not to the creator. ✦When in doubt, ask permission or don’t use the work!



Documents

ACA: ADOBE CERTIFIED ASSOCIATE CERTIFICATION IN GRAPHIC