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COPYRIGHT FOR ARTISTS
Benjamin Ang www.visual-lawschool.com
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Outline
What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
What is copyright?
What does copyright protect?
1. Novels
2. Computer programs
3. Sheet music
4. Paintings
5. All of the above
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5. All of the above
1. Novels – Literary Work
2. Computer programs – Literary Work
3. Sheet music – Musical Work
4. Paintings – Artistic Work
Also Scripts for plays – Dramatic Work
What copyright protects
“A degree of independent effort in the creation of
the work.”
NOT whether the work has creative merit.
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Mary has an original idea
… does she have copyright?
My installation will
be 10 metres high
and made of
green noodles
No, she has no copyright yet
She has to put it in material form
Mary didn‟t register her artwork
… does she still have copyright?
Hey, you didn‟t
register!
Yes, registration is NOT necessary
But it could be useful to help prove
Mary was the original artist
Mary now has Exclusive Rights
to her work, in many countries
You all need
my permission
Permission = „license‟
She can ask them to pay Royalties
Mary didn‟t add © to her work
… does she still have copyright?
Hey, you didn‟t
add a © !
The use of the symbol © is simply a notice of a claim by the copyright owner that copyright exists
© doesn‟t create any rights
Artistic Works and Works of Artistic
Craftsmanship
Paintings
Drawings
Photographs
Regardless of artistic
value!
Must be artistic
Must have
craftsmanship
Artistic Works Artistic Craftsmanship
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Authors Works that are protected
Type Example
Literary Written works / Books
Articles in journals or newspapers
Lyrics in songs
Source codes of computer programs
Dramatic Scripts for films & drama (as applied)
Choreographic scripts for shows or dance
Musical Melody
Artistic Paintings
Drawings
Photographs
Works of artistic craftsmanship, e.g. designer furniture that is not mass
produced
Copyright also protects Entrepreneurs
Recordings Publications
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Entrepreneurial works that are
protected
Type Example
Published
editions
Typographic arrangements of a published work
Sound
recordings
sounds recorded on tapes, CDs, etc
Films visual images and sounds recorded on tapes,
video compact discs, digital versatile discs
TV and radio
Broadcasts
TV and radio Broadcasts
Cable
programmes
Programmes (visual images and sound) included in a cable
programme service sent by means of a telecommunication
System
Performances By performers such as musicians, singers and comedians
What is NOT protected by copyright
Ideas/ Concepts
Discoveries Historical Facts
Methods Procedures
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What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
What are your rights?
Can Billy make a 2D copy of Mary‟s
3D artwork?
Your sculpture is 3D,
my photo is 2D, it‟s
not the same!
The artist has exclusive right to make 2D versions of 3D works, and
3D versions of 2D works
Billy needs permission
Can Tom publish Mary‟s artwork?
I‟ll put it in a
book, which I‟m
giving away free
The artist has exclusive right to publish
the work
Tom needs permission
Rights in Classical Works
Type of Work Exclusive Rights that the Creator has
Literary, dramatic
and musical
works
•reproduce the work;
•publish the work;
•perform the work in public;
•communicate the work to the public; and
•make an adaptation of the work.
Artistic works
•reproduce the work;
•publish the work; and
•communicate the work to the public
•Make 2D versions of 3D works
•Make 3D versions of 2D works
SOME EXCEPTIONS TO THE
RIGHTS
Can Terri make copies of Mary‟s
artwork to teach her class?
Terri may have Fair Use
But she must fit the criteria for
educational or research purposes
Can Billy use part of the artwork in a
documentary?
My documentary is
about artists like Mary
Billy may have Fair Use
Provided he is commenting or
reviewing the work
Fair Dealing Examples
Fair dealing = up to
10% of the number of
pages or 1 chapter,
whichever is the
greater
Fair dealing =
acknowledgment of
the work
“research or study” “criticism, review or reporting”
The 4 Factors of Fair Dealing
Purpose and character of the dealing (e.g.
commercial nature? non-profit? Educational?);
Nature of the work;
Amount and substantiality of the part copied taken
in relation to the whole work;
Effect of the dealing upon the potential market;
The possibility of obtaining the work within a
reasonable time at an ordinary commercial price.
Is this allowed?
Is this allowed?
What about publishing an
advertisement that shows the
difference?
WHAT YOU CAN DO WITH
YOUR RIGHTS
What you can do with rights
Copyright is a form of property.
It can be licensed or transferred,
either as an entire bundle (all of the rights)
or as a single right (e.g. only the right to adapt)
Adaptation
Case Study: Hercules
How long these rights last
Type of Work Duration of Copyright
Literary, dramatic,
musical and artistic
works
70 years from the end of the year in which
the author died.
Specifically for photographs, or if the work
is published after the death of the author,
it lasts for 70 years, from the end of the
year in which the work was first published.
Published editions of
literary, dramatic,
musical or artistic
works (layout)
25 years from the end of the year in which
the edition was first published.
INFRINGEMENT
No consent = infringement
Consent is needed to do anything that only the copyright owner has the exclusive right to do (e.g. reproduce the work).
Merely acknowledging the source when one uses the work is insufficient.
To obtain consent from copyright owners, one may:
contact the copyright owners directly and negotiate for a licence to use the copyright work; or
obtain a licence through a collecting society.
No consent = infringement
Primary Infringement
Infringement occurs when one has not obtained
consent from the copyright owner to do something
that only the copyright owner has the exclusive right
to do.
E.G. photocopies an artwork without consent
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Don‟t infringe these rights
Reproducing Adapting Publishing
Substantial Amount
You don‟t need to have reproduced the entire
copyright work -
As long as a SUBSTANTIAL AMOUNT of the original
work has been copied.
NOT just quantity copied
It‟s the NATURE of the portion
that was copied
If the portion copied is important part,
it may be a SUBSTANTIAL amount
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Secondary Infringement
When one deals commercially with infringing
copies, e.g. if he
a) imports infringing copies for sale or distribution;
b) sells (including distribution for trade or any other
purpose)
or lets for hire infringing copies; or
c) offers infringing copies for sale or hire by way of
trade.
Don‟t infringe these rights
Importing Selling Offering
What is Copyright?
What are your rights?
How can we share or re-use?
Case Study
How can we share and re-use?
Permission from Copyright Owners
Can you use this image from singapore.sg ?
Permission from Copyright Owners
“Terms of Use …. You also grant other users and members of the public a world-wide, royalty free, non-revocable and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content for non-commercial purposes. Non-commercial purposes include but are not limited to academic presentations, private research, study, criticism and review, any charitable purpose and any purpose that is solely for public benefit.” Source: Singapore.sg http://app.singapore.sg/terms-of-use
Public Domain = no control
Intellectual property rights have expired or are inapplicable. E.g.
The plays of Shakespeare
The music of Beethoven
Most of the early silent films
Formulae of Newtonian physics
Sources
Wikimedia Commons
Pixelbay
How can Mary give her art to fans
free, but make commercial users pay?
Do I need a
lawyer to do
this?
Post it online, and attach a Creative
Commons license
Creative Commons = some control
What does this allow?
COPYRIGHT FOR ARTISTS
Benjamin Ang www.visual-lawschool.com
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