Copyright is a big issue in our line of work — one that is treated in many ways. Sometimes this treatment is ethical, sometimes not so much, on occasions disregarded, in some instances forgotten, and yet, it is an issue that should be present at all times.
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works, available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
a) To reproduce the work in copies or phonorecords.
To prepare derivative works based upon the work.
b) To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
c) To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works.
d) To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work.
e) In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
A few questions:
Are you conscious of copyright issues as you develop your concepts?
Do you take the time to talk with your client, and explain when an image can be used, and when it can’t? and for how long?
Will you say half truths, bend the rules, or look the other way in order to obtain better prices for usage of photography or illustrations?
Once the project is done, do you follow up with your client and the usage of the items?
Are you annoyed, frazzled, accepting, happy to oblige, or indifferent to copyright laws?
I'm pretty copyright fussy, and I always explain the issues to my client (though it's amazing how often they willfully don't hear me, particularly in respect to the licensing of photography/illustration). If they supply me with imagery I ask where it came from and make sure they have the right to use it. If I borrow imagery for comps I explain how much it will cost to buy the rights to that work. I never ever try to stiff, undercut or cheat the people I license work from -- if the client can't afford them I look for other options.
Once the project is done, do you follow up with your client and the usage of the items?
This is where it falls down. After the licensing for an image for e.g. a year is up, it's very unlikely I would remember to check up on it. Often I let the photographer handle, negotiate and follow up on their own agreements with the client. Then if there's a dispute I don't have to be involved.
I find copyright laws to be mostly confusing. Although I think I know that I may not e.g. paint an illustration from a photograph by a photographer without their consent, I don't know if there is some point at which my "interpretation" strays from the original to such an extent that they no longer need to be involved. (For my own illustration I keep everything--all working sketches, just in case.)
I also don't know if, when we post logos and designs here on Speak Up which we are using as examples but which we did not ourselves design if we are breaking copyright laws. I have a fearful suspicion that we are -- in which case yes, I guess I'm fudging.
On Mar.04.2004 at 12:29 PM