Copyright

Introduction Into Copyright Law

There are many issues that arise within this art world of artists appropriating other artists works to create their own. One is that of copyright.  The United States passed the Copyright act of 1976 that protects artists and gives them certain rights:

 

“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:

 

  • To reproduce the work in copies or phono records;
  • To prepare derivative works based upon the work;
  • To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
  • To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
  • 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; and
  • In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.

In addition to copyright, certain authors of works of visual art also have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act.

 

It is illegal for anyone to violate any of the rights provided by the copyright law to the copyright holder.”[1]

These laws, specifically the point that states “To prepare derivative works based upon the work;” are meant to protect the use of an artists work. Although the copyright rules are extensive the length of the copyright is defined:

 

“A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is given a term of copyright protection enduring for the lifetime of the artist plus an additional 70 years after the artist’s death.”[2]

 

This makes imagery considered “public domain” after a certain amount of time to where artists can not hold onto these rights.

(image from gcflearn.org)

What is Creative Commons?

“Creative Commons is a global nonprofit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. Our legal tools help those who want to encourage reuse of their works by offering them for use under generous, standardized terms; those who want to make creative uses of works; and those who want to benefit from this symbiosis. Our vision is to help others realize the full potential of the internet. CC has affiliates all over the world who help ensure our licenses work internationally and who raise awareness of our work.” [3]

For more information about creative commons, visit CreativeCommons.org

Since there are different levels of licensing within creative commons, appropriation art can still run into some issues. If appropriation art is being used as commercial, and being sold, it can go against many of the agreements. Creative commons was also only created in 2001, which means most art before then does not use this licensing system and has full copyright restriction.

Can An Artist Use Another Artist’s Art?

This really does depend on the type of copyright a piece possess, and also the factor of permission. If an artist is granted permission from the original artist then yes it is perfectly acceptable. When permission is not granted and full copyright is covered is when legal issues arise.

 

[1]  http://www.arsny.com/copyright-basics/

[2] Ibid.

[3] https://creativecommons.org/faq/#what-is-creative-commons-and-what-do-you-do