Lecture Cliff Notes: Stock Images and Copyright.
Copyright: International copyright law has been established since 1886.
“The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.”
Basically: Copyright serves as protection of the creator’s right to obtain commercial benefit from valuable work and the creator’s right to control how a work is used. (Because as a creative, your work is your reputation)
- Copyright exist as soon as you transfer an idea, your “intellectual property,” to paper or a digital format.
- Copyright does not protect facts, ideas, systems or methods of operation but it may protect the way these things are expressed: (Ex: You cannot copyright the idea of a chair or how it leans back but you can copyright the visual aesthetic of a chair)
- As soon as it’s created, copyright protection exists for your lifetime, plus 70 years. For Anonymous/pseudonymous work or work made for hire, it’s 95 years from the year of its publication or 120 years from its creation, whichever expires first.
- When copyright end, it is said to have expired. Then the intellectual property becomes public domain.
- Copyright can be sold along with the design/art (This is a buyout). You can sell part of your rights (like reproduction rights) or sell them temporarily (license them for a year or two). Selling your copyright is also known as selling your intellectual property or selling your IP. You do not have to sell your IP.
- Intellectual property has value and you should be careful not you sign your intellectual property away in a contract for a project if that is not your intention. If you wrote the contract, you may want to explicitly state that you will retain the copyright of your design/art.
- Intellectual property or copyright can possibly be worth at least 3x the original project’s price. This is because, once transferred, you cannot claim royalties on the project.
- Stopping copyright violations: You may send a cease and desist letter and file a DMCA take down notice. The Digital Millennium Copyright Act states that a ISP must remove materials from users’ websites that appear to constitute copyright infringement after it receives proper notice.
- Taking legal action against copyright violations: You have the option of hiring an attorney. Although, without registering your work, it’s unlikely you are eligible for statutory damages.
- Copyright can be registered with the U.S. Copyright Office. To pursue legal action you would want to have it registered or time-stamped somehow. That is why pursuing legal action can be made easier if the work is registered with the US. Copyright Office. It is difficult, even impossible to pursue legal action in other countries sometimes. It depends on their relationship with the US.
- In the US, copyright is registered with the US Copyright Office in Washington DC. It costs $45 per application, not per piece. You can send as much as you fit on one application form. The pictures have to be high enough quality to compare them to a stolen copy and it’s suggested to have it no smaller than 500 pixels wide.
For more information visit the US Copyright Office.
Stock Images/How to Avoid getting sued
Some people forget that copyright applies to things found on the Web as well. “Substantially similar” works are also not allowed under U.S. copyright law. If someone can clearly see that one image is based on the other, then it quite likely copyright infringement.
- Public Domain: Copyright has expired on the work. The public has complete access to it.
- Fair Use: You can use work without permission is it for educational purposes, such as teaching or student research or making commentary or criticism as part of a news report or published article.
- Being given explicit permission from the person holding the copyright.
Another option is the use and manipulation of stock imagery or open source products. These are photo or graphics available for creative use. These can be photos of textures, people, animals, landscapes, well light objects we would otherwise not be able to see/find/use. These days, stock imagery are found in online databases. They can be free like the link below:
http://www.everystockphoto.com/
Or they can be purchased.
You can also look for Creative Commons and other open source product for source material.
http://creativecommons.org/
Here is some basic etiquette when it comes to stock imagery/CC:
1. Is it available for commercial purpose? If not, and you’re getting paid to make something, keep looking.
2. Do you need to notify the artist/company of usage? If so, send them an e-mail or message letting them know what you’re using and what for.
3. Are there any manipulation limitations? Sometimes photographs of animals and children have specifications that you cannot use them if your work is going to have violent or sexual content. You should adhere to their limitations. If you want to do that kind of work, either take your own content or find something else.
4. Are there limitations on display? Can you not use the work if you put it on the internet/get it printed?
5. Do you need to credit stock? If they ask you to credit them, you must link their website/their handle as specified.
The basic idea is that stock imagery is meant to be used a tool. You want to make sure the end result is something of your own creation and not something that is blatantly ripping off another artist’s work.
Here are some ways manipulating stock:
1. Change the composition (add/subtract the negative space, crop in, change the orientation, ect)
2. Change the message (most stock imagery is neutral. Your work should have it’s own context, purpose)
3. Change mood (color, light and texture)
4. Avoid using stock as key elements (If it’s the main focus, you might want to reconsider unless the other elements are manipulating it in a grand way or only plan to use part of the stock imagery)
5. Introduce other elements/remove elements (draw over it, combine it with other pictures)