in search of vampire sire (Posts tagged Artist)

toyourliking

I saw this post on my dash (with commentary, dw) and there was one thing that I didn’t see addressed in the comment chain that I really feel needs to be

Once an artist creates a work, they own the copyright

None of this “I paid for the art. It is mine.” bullshit, unless the artist actually sells you the copyright (something which has to be stated and never assumed, and something you would have to pay extra for) you can not claim ownership over the piece, even if you paid for it.

And yes, this means you can not alter the work in any way, you can not use it for banners/advertisements/etc., you can not print it, you can not sell copies unless agreed upon with the artist

and artists are also protected under moral rights

meaning that the artist has the right of attribution (the right to be identified and named as the creator of their work), the right against false attribution, and the right of integrity. (Source)

so fuck off with your “I paid for the art. It is mine.” crap, it doesn’t stick legally

ingthing

I actually attended an extremely useful talk at my (design) school held by a professor who’s also a copyright lawyer, and there are a couple more things you should know.

TO EXPAND ON THIS:

Copyright actually is control over the following:

Reproduction
Distribution
Derivative Work
Performance
Public Display

**You do not have to give/sell the entire copyright to your work.**

You can, for example, license someone to publicly display the work. That would permit them to exclusively use the content with limitations. You can also non-exclusively license others to use your content, which would be a broader “You can do X with my work” statement.

Transfer of copyright ownership has to be in writing.

This does not mean “I asked you to draw X for me and I paid for it so I claim ownership of everything this image is and all rights to it.” It means “the artist explicitly wrote that they’re transferring copyright ownership to me.”

And in case you were wondering when, exactly, copyright attaches, copyright attaches the moment the expression of the idea is fixed in a tangible form. That means I could draw a fast scribble on a piece of paper and I’d own copyrights to it. This also applies to digital mediums.

Of course, it’s best to register copyrights through (if you’re in the US) the US Copyright Office, but copyright applies even without registration.

EXCEPTIONS…

…to copyright laws include employer-employee relationships and “work for hire” agreements, but only when signed before the work is created.

BEFORE you do any work for a client, definitely create a contract in which you claim that “[You] reserve the right to reproduce the work for promotional and online portfolio purposes” if you want to be able to use the work as promotion for yourself. Here’s a wikihow on how to create a freelance contract.

Copyright laws are in place to protect creators.

Don’t fall for tricks!

ninamodaffari

@sakom75 @futzingbarton @shadowblinder